Here are some key defences and options to consider if facing mortgage repossession in Northern Ireland:
- Negotiate with your lender: Contact your mortgage provider as soon as possible to explain your situation and try to reach an agreement on repayment options. Lenders are required to explore alternatives before pursuing repossession.
- Follow the pre-action protocol: Lenders must follow certain steps outlined in the pre-action protocol before taking you to court. Make sure your lender has complied with these requirements.
- Seek independent advice: Organizations like Housing Rights offer free specialist advice and may be able to help negotiate with your lender or represent you in court.
- Propose a repayment plan: Offer a realistic plan to repay arrears and resume regular payments. The court may grant a suspended possession order if you can demonstrate ability to pay.
- Apply for a time order: If your mortgage is a regulated credit agreement, you can apply for a time order to change the terms of the agreement, potentially reducing payments.
- Request more time: You can ask the court to adjourn the hearing to allow more time to negotiate or prepare your case.
- Demonstrate change in circumstances: If your situation has improved, show the court how you can now afford payments going forward.
- Consider selling the property: Voluntarily selling may allow you to pay off the mortgage and avoid repossession.
- Explore government support: Check if you're eligible for any government schemes to help with mortgage payments.
- Attend the court hearing: Always attend court hearings and present your case. The judge may be more sympathetic if you engage in the process.
Remember, repossession is a last resort for lenders. Engaging proactively and seeking expert advice early can significantly improve your chances of keeping your home.
