Mortgage possession procedures

The pages below detail what procedures lenders must follow in order to reposses a property which is the subject of a standard security, where the borrower has fallen behind on their mortgage payments.

Introduction to possession procedures

This page describes the steps that lenders will usually take to initiate a repossession action. 

Notice of default

A notice of default informs the borrower that they have breached a term of the mortgage agreement. 

The calling-up notice

Lenders must serve a calling-up notice if they want to repossess the lender's property. 

Pre-action requirements

Lenders must follow certain pre-action requirements before they can raise an action for repossession in court against the borrower. 

Applying to court for repossession

Several remedies are available to the lender when the borrower has defaulted on the mortgage agreement and the pre-action requirements have been followed. 

Recalling the decree

Even if the court has granted decree against the borrower, lenders must apply to court if they wish to gain vacant possession of the property concerned. 

This content applies to Scotland

Last updated: 28 July 2020