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.
This page describes the steps that lenders will usually take to initiate a repossession action.
A notice of default informs the borrower that they have breached a term of the mortgage agreement.
Lenders must serve a calling-up notice if they want to repossess the lender's property.
Lenders must follow certain pre-action requirements before they can raise an action for repossession in court against the borrower.
Several remedies are available to the lender when the borrower has defaulted on the mortgage agreement and the pre-action requirements have been followed.
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.
Last updated: 28 July 2020