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Going to court

Your lender can 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 an order telling you that you have to move out. You can apply to the court for an order stopping or delaying your lender from repossessing the property.

If your lender is taking you to court to repossess your home, you must get specialist advice from a Shelter advice centre, Citizens Advice, solicitor or law centre. It may not be too late to stop or delay the repossession process. Use the Advice Services Directory to find an agency near you.

The sheriff court

The sheriff court hears cases about repossessions, debts and small claims. This page contains more information about the power of the sheriff court and what you can expect if you have to go to court because your home is threatened with repossession. Find out more about the sheriff court

Repossession court procedure

You may have to go to court if your mortgage lender is applying to the court for the right to repossess and sell your property or you have made an application for a section 2 order to delay the process. This page has information about what happens if you have to go to court. What happens if you go to court for repossession proceedings

The court's decision

You may be at court because you applied for a section 2 order to delay the repossession process, or because your lender is applying for the right to repossess and sell your property. This page explains the decisions the sheriff can make in both these situations. What can the court decide about your repossession case?

If you weren't in court

If you didn't go to court and a repossession order was granted, you may be able to get the court's decision cancelled so that your case can be heard again. Repossession cases where you didn't attend court - what happens?


Overview

The Home Owner and Debtor Protection (Scotland) Act 2010 came into force 30 September 2010, causing major changes to mortgage repossession law. Get advice on the law and how it might affect you.