Mortgaged Possession Cases

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Notes for defendant - mortgaged residential premises

This guidance is also available in pdf format.

If you receive a summons for possession on your mortgaged property this is because the claimant (your mortgage lender) has asked the court to make an order that you give up possession of the premises mentioned in the claim form.

You should note that no-one can evict you from the property unless the court says that they can; the court will not make a decision before the hearing date. What you do may affect the court's decision. You should therefore take action immediately.

You should:

• get help and advice immediately from a solicitor or advice agency;
• fill in the defence form and return it to the court within 14 days of receiving claim form;
• attend the hearing, even if you have agreed about repayment of any arrears with your mortgage lender.