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Repossession procedures

Even if you are behind with your mortgage or loan payments, your lender cannot just throw you out of your home. There are procedures that must be followed, beginning with notices that you must be given to warn you that repossession procedures are starting.

If you are behind with your mortgage you may be sent one notice or a combination of notices, informing you that repossession proceedings are being started. If you have a secured loan or second mortgage that's regulated by the Consumer Credit Act, you must be served a default notice before you can be served any of these notices.


Repossession process

What procedures lenders must follow before they can repossess your home. It may be possible to stop the process at any stage, so get advice as soon as possible. Repossession procedures in detail

Notice of default

If you miss one or more payments to your mortgage or loan, your lender could serve you with a notice stating that you have defaulted on your mortgage or loan agreement. Check what default is and what to do

Calling up notice

If you don't keep up with your mortgage payments, your lender can issue you with a calling up notice. This notice will end your loan agreement and ask you to repay the whole amount of the loan. What a Calling Up Notice means

Section 24 notice and initial writ

If you have mortgage or loan arrears, your lender can apply to the sheriff court for a court order allowing them to repossess and sell the property. If your lender has made an application to the sheriff court, you will receive notice from the court and an initial writ. Notice from the Court and Initial Writ


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.