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.

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What happens at 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.

What can the court decide?

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.

What happens if I missed my court date?

If you missed your court date, 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.

Last updated: 24 September 2018

Housing laws differ between Scotland and England.

This content applies to Scotland only.

Get advice if you're in England