Repossession of your home and how to stop it
If you have fallen behind with the mortgage repayments or other secured loans, then you risk losing your home. Your mortgage lender may take court action to repossess your home if you are in arrears. Find out how repossession of your home can be stopped.
The Scottish Government introduced protections from repossession for mortgage borrowers.
Mortgage lenders are prevented from enforcing repossessions:
in level 3 or 4 Tier areas
from 23 January 2021 - 31 March 2021.
During this period:
Mortgage lenders may still serve notices and raise court action
Decrees for repossession may still be granted at court.
But sheriff officers are not permitted to carry out the enforcement of repossessions during these dates.
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Bankruptcy and other reasons for repossession
Mortgage arrears, arrears on secured loans or bankruptcy are all reasons a home may be repossessed. Check your options to keep your house if you're at risk from repossession.
Repossession notice and procedures
Find out what happens if you are facing court action for the repossession of your home or have been served a notice of repossession and what you could do to prevent losing your home.
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.
Court action and repossession
If your home is being repossessed then your lender will have to take you to court. This section tells you all you need to know about the repossession process.
Eviction due to repossession
What happens to tenants when a property is foreclosed? You can only be forced to leave (evicted) if your lender has a warrant of ejection. They cannot make you leave with just a court order to sell your home.
After repossession
Your housing options after your home been repossessed. What happens to the debt when your lender sells your home. Find out more here.
What happens if you are in arrears on secured loans and second mortgages
Missed payments to your secured loan or second mortgage, could mean your lender can start to repossess your home. Find out what actions you can take.
Tenants and partners' rights in repossession procedures
Partners and tenants may be able to prevent or delay a repossession even if they are not the borrower. A court should let you know if repossession is happening.
Last updated: 26 January 2021
Housing laws differ between Scotland and England.
This content applies to Scotland only.
