If you do not respond to letters from your lender, or you do not pay your arrears in time, your lender can start court action to repossess your home.

They'll send you letters telling you what you owe, what you need to do, and about court action.

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.

A copy of the notice should be sent to any other adults living in your home.

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 your lender the full amount within 2 months, or agree with them on a repayment plan, 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

This means you give your home to your lender so you do not go to court. Your lender can then sell your home to get the money you owe.

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 you get a notice of default or a calling up notice

Get debt advice as soon as possible. An adviser will help you understand your options. These can include:

• paying your arrears in full

• negotiating a repayment plan

• applying for help through a government scheme

You can negotiate a repayment plan at any stage in the repossession process.

Check our advice on getting money and debt advice.

Getting court letters

If your lender takes you to court, you will receive 2 letters telling you about court action. These are called an initial writ and a section 24 notice.

An initial writ tell you:

• which sheriff court you’ll go to

• the name of your lender

• the reasons they are taking you to court

• how much you owe

A section 24 notice tells you:

• that it’s a notice of proceedings - this means they're taking you to court

• you should get legal advice or representation

• you have the right to a court hearing

• you can voluntarily surrender your home to avoid going to court

If you get an initial writ and section 24 notice

You must tell the court if you want to defend the court action and try to keep your home. You have 21 days from the date on the letter to do this.

You will need help from a solicitor to tell the court and defend the action.

Find a solicitor on the Law Society of Scotland website.

You could get legal help for free or at a lower cost.

If you get letters about a secured loan

A secured loan or second mortgage is a loan that uses your home as security. This means the lender can try to sell your home if you do not repay what you owe.

The first letter you’ll get is a notice of sums in arrears. This says what you owe and how long you have to pay it.

If you do not pay, or do not agree to a repayment plan, they can send you a default notice. This tells you what you must do to avoid repossession action.

If you do not do what the default notice says, your lender can take action to repossess your home. They can send you:

• a notice of default

• a calling up notice

• a section 24 notice and initial writ