Who should I contact if I having problems paying my mortgage?
You should contact your lender immediately and explain your difficulties.
If you are on income support you should contact your local Benefits Agency as they may be able to assist you with the interest element of your mortgage.
You should also contact your local Citizens Advice Bureau as they will be able to offer you debt counselling and advice.
If this does not help solve the problem contact the South Hams District Council Housing Advice Office. A housing advisor will be able to discuss your circumstances and offer you the appropriate advice and assistance.
What will happen to my house if I cannot pay my mortgage?
If your mortgage is in arrears and you are not able to make an arrangement to clear them, your lender may seek a Possession Order through the Courts, in order to evict you and sell the property. The Court will send you a Summons for Possession, notifying you of the date of the hearing and the details of your lender's claim.
You will also be sent a Form of Reply, where you can write down any facts that you want the Court to take into consideration.
If the case goes to Court it is important that you or someone representing you attends the hearing, or you send in a written report detailing your circumstances, and any offer of payment that you are able to make. If the Court Registrar is satisfied that you can clear the arrears in reasonable time, and manage the mortgage in the future, he may make a Suspended Possession Order, and an eviction will not take place as long as you keep to the agreed terms.
If the Court Registrar is not satisfied, he may grant the lender an Order For Possession of your property. This usually takes effect 28 days from the day of the Court judgment, but can vary from 7 to 56 days in some cases.
You do not have to vacate your home immediately this period of time ends. Your lender first has to obtain a Warrant For Possession from the Court and this may take a little time depending upon how busy the Courts are. A Warrant for Possession is enforced by the Court Bailiffs, who will visit or write to you first to inform you when the eviction will take place.
If I have to leave my house will I be entitled to be housed by the Council?
If your lender is granted a Warrant for Possession by the Court, the Council may be able to assist you with alternative accommodation. This will depend upon your individual circumstances and should never be relied upon until you have spoken to the Housing Advice Office. They will need to investigate your circumstances under the Homeless Persons legislation and you should contact them as soon as you fall into mortgage arrears as the earlier you speak to them the more likely they will be able to assist you.
What would happen if I agreed to hand over the keys to my home or sell it voluntarily?
If you voluntarily sell or hand over your property without first taking independent advice and making sure that you have secure alternative accommodation the Council may deem you intentionally homeless and consequently would be able to do very little for you. It is therefore very important that you contact the Housing Advice Office before voluntarily giving up your property.
You should also read the section on Homelessness.
