Court action and repossession

If your mortgage lender has given you a calling-up notice and has complied with the pre-action requirements they can then apply to the sheriff court for an order to repossess and sell your home. Before the property can be sold, your lender will also require a court order telling you that you have to move out, called a warrant of ejection. This section tells you all you need to know about the repossession process. 

Housing laws differ between Scotland and England
This content applies to Scotland only
Get advice if you're in England

  • The repossession hearing

    If your mortgage lender is asking to repossess and sell your property you may go to the sheriff court. What happens if you go to court.

  • The court's decision

    What decisions the sheriff can make if your repossession case goes to sheriff court. You'll need advice and to prepare what you will say, even if someone represents you.

  • If you weren't in court

    If you didn't go to court and a repossession order was granted, you may be able to get the sheriff court's decision cancelled so your case can be heard again.

  • The sheriff court

    The sheriff court hears cases about repossessions, debts and small claims. Find out what powers the sheriff court has and what it's like in court.

Speak to a Shelter Scotland adviser

Call Shelter Scotland's free housing advice helpline

0808 800 4444
9am-5pm, Monday to Friday

Email an adviser

You can also email a housing adviser. We aim to respond within three working days.

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