Repossession procedures
This content applies to Scotland only.
Housing laws vary between Scotland and England. Get advice relating to England
Even if you are behind with your mortgage or loan payments, your lender cannot just throw you out of your home. There are procedures that must be followed, beginning with notices that you must be given to warn you that repossession procedures are starting.
If you are behind with your mortgage you may be sent one notice or a combination of notices, informing you that repossession proceedings are being started. If you have a secured loan or second mortgage that's regulated by the Consumer Credit Act, you must be served a default notice before you can be served any of these notices.
The repossession process
This page provides information about the procedures that lenders must follow before they can repossess your home. It may be possible to stop the process at any stage so get advice as soon as possible.
Notice of default
If you miss one or more payments to your mortgage or loan, your lender could serve you with a notice stating that you have defaulted on your mortgage or loan agreement.
Calling-up notice
If you fail to keep up to date with your mortgage payments, your lender can issue you with a calling up notice. This notice will end your loan agreement and ask you to repay the whole amount of the loan.
Section 24 notice and initial writ
If you have mortgage or loan arrears, your lender can apply to the sheriff court for a court order allowing them to repossess and sell the property. If your lender has made an application to the sheriff court, you will receive notice from the court and an initial writ.
