How to stop repossession for mortgage arrears
If you’re behind on mortgage payments
If you miss mortgage payments, you’ll be in mortgage arrears. This is sometimes called defaulting on your mortgage.
As a last resort, your lender could try to repossess your home. This means they can sell your home to get back the money you owe them.
Always prioritise paying your mortgage before other debts, like credit cards and overdrafts.
If you cannot pay the full amount, pay as much as you can. This can help you stop repossession and keep your home.
Get advice about mortgage arrears
A debt adviser can help you avoid repossession. They can give you advice and support to:
increase your income and reduce your costs
make a claim if you have payment protection insurance
change the terms of your mortgage
negotiate an affordable repayment plan with your lender
apply for government schemes like the Home Owners’ Support Fund
sell your home as a last resort
Check where to get debt advice.
Get legal advice about repossession
You can speak to a solicitor at any stage to understand your options and make sure your lender is following the right process.
If your lender takes legal action, you’ll need a solicitor to represent you in court.
Find a solicitor on the Law Society of Scotland website.
If you have a low income, you could get legal help for free or at a lower cost.
Contact your lender about the arrears
Do not ignore letters about mortgage arrears.
Contact your lender as soon as possible and tell them:
why you've missed payments
what you're doing to deal with the arrears
when you think you can start repaying the arrears
Use our letter template to help you. Copy and paste the sample text and personalise it with your details.
Letter template: contact your mortgage lender about arrears
Subject: Difficulties paying my mortgage on account <your account number>
To <your mortgage lender>
I’m writing to you about my mortgage, which I’ve held with your company since <date your mortgage started>.
I have recently had difficulty making payments towards my mortgage. I’ve experienced financial difficulties because <explain why you could not pay>.
I'm taking steps to improve my situation, including <example: applying for benefits / actively seeking work / getting debt advice>.
I want to work with you to resolve this situation, and would like to meet as soon as possible to discuss payment options. Please contact me to arrange a meeting.
Thank you
<your name>
<your phone number>
<your email address>
You can also send the letter as an email attachment or through the post:
Keep copies of all written communication with your lender, and proof of any repayments you make. This could help you stop the repossession in court.
What your lender must do before repossession
Before starting legal action to repossess your home, your lender must take steps called pre-action requirements. They must:
send you clear written information about how much you owe and any charges for late payments
take reasonable steps to agree a repayment plan with you, giving you a chance to make up missed payments
avoid taking legal action if it's likely you’ll be able to pay back your arrears soon – for example, if you’re claiming payment protection insurance or selling your home
give you information on managing your debts and how to get debt advice
Negotiating a repayment plan
Your lender should consider your circumstances and agree on an affordable plan to repay what you owe.
It’s important to get debt advice before you agree to a repayment plan. An adviser can help you work out what you can afford.
If you do not stick to your repayment plan
Your lender can start legal action to try to repossess your home.
Before applying to court, they must give you at least 15 days' notice in writing. If you catch up with your repayments within 15 days, they cannot apply to court.
If you've broken a repayment agreement before, your lender does not have to give you notice before applying to court.
Getting a notice of default
This is a legal document that says:
you have missed payments on your mortgage or loan
you have 1 month to pay your arrears
If you do not clear the arrears within 1 month, or negotiate a repayment plan that your lender agrees to, it's likely your lender will start legal action.
Getting a calling-up notice
Before applying to court, your lender must send you a calling-up notice.
This is a legal document that tells you the total amount you owe on your mortgage, and gives you 2 months to pay the full amount.
If you do not pay the full amount within 2 months, or negotiate a repayment plan that your lender agrees to, they can apply to court to repossess your home.
Your lender may suggest you voluntarily surrender your home to avoid going to court.
Voluntary surrender is risky. You could still owe them money after they sell the home.
Always get legal advice before giving up your home.
If your partner's home is being repossessed
You may be able to prevent or delay repossession if you live in your spouse or partner’s home, even if you’re not on the mortgage.
Get legal advice from a family law solicitor to understand your rights and options. Find a solicitor on the Law Society of Scotland website.
Last updated: 10 June 2025
Housing laws differ between Scotland and England.
This content applies to Scotland only.