Repossession
This content applies to Scotland only.
Housing laws vary between Scotland and England. Get advice relating to England
If you cannot repay the mortgage or other loans secured on your home, you risk having your home repossessed. This means your mortgage lender will take possession of your home and you will lose your right to live there. However, in many cases, repossession can be stopped.
If you are worried about repossession, talk to an adviser immediately. Depending on your circumstances, you may be able to prevent or delay repossession. Use the Advice Services Directory to find a Shelter advice centre or Citizens Advice in your area. An adviser can help you work out your options, negotiate with your lender, fill in court papers and find someone to represent you in court.
Reasons for repossession
The most common reason for repossession is mortgage arrears. However, failure to pay secured loans and other less common reasons can also cause repossession.
Repossession procedures
Even if you are behind with your mortgage or loan payments, your lender cannot just throw you out of your home. There are procedures, so check that you know how things work and what you can do.
Preventing repossession
If your home is at risk of repossession, you can try to prevent this. You might be able to prevent court action, negotiate a repayment arrangement , or even stop or delay the repossession.
Tenants, spouses and partners
If you are worried that your home may be repossessed, but you are not the person who took out the mortgage, you may still be able to prevent or delay the repossession.
Secured loans and second mortgages
If you miss payments to your secured loan or second mortgage, your lender can start to repossess your home. make sure you know the procedure your lender must follow and what you can do.
Going to court for repossession
Your lender can apply to the sheriff court to repossess and sell your home. Your lender needs an order telling you that you have to move out. You can ask the court for an order to stop or delay this.
Eviction
Even if your lender has a court order to sell your property, they can't do that with you in it. You can only be forced to move out if they also have a court order that says you have to leave.
After repossession
Your housing options after your lender has repossessed your home. And what happens when your lender sells your home plus what you can do if you have an outstanding debt after the sale.
