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on Wednesday, 04 May 2011. Posted in Stop Repossession

The Law and Repossession: Legal Terms

The legal process of repossession can be intimidating for any home owner; especially at a time when they are emotionally and financially stressed. Understanding the legal terminology that will be used before and during the court hearing can make sure that you get the best possible outcome.

Terms that you will come across before the repossession court case:

Notice of Default

This will be sent to you if you have missed repayments

Section 24 Notice or a Calling up notice

If you have missed mortgage payments and your lender is beginning repossession proceedings you will be sent a section 24 notice or a calling up notice by your lender

Initial Writ

This is a document from the court that tells you that your lender has applied to county court to repossess your house.

Calling date or First Calling

This is the date of your first hearing in court concerning the repossession case

Terms that you will come across during the Court Hearing:

Defender

Whoever the legal action is against, in the case of a repossession hearing, you the borrower are the defender

Pursuer

Whoever begins legal action, for example the lender

Statement of Claim

The pursuer stating the facts of why they are taking you to court

Heritable Property

Land and property that cannot be moved, i.e. a house

Reponing Note

If you are not present you can ask for the case to be heard again when you are able to attend

Decree

The judge’s ruling

Extract Decree

If the decision from the repossession hearing is not appealed against an extract decree is issued 14 days after, it states the details of the court order including the date of completion, for example the eviction date.

Decrees that the judge could make concerning your repossession case:

Dismissal

The case could be dismissed if the judge thinks there is no case, for example if you have made an arrangement to repay what you owe with your lender.

Decree of Removing or Ejection

This is the formal decision that your house will be repossessed, ending your legal ownership and forcing you to leave.

Ejection Order or Warrant of Ejection

This is the actual order that states your house will be repossessed and that you have to move out.

Continuation

A judge could decide to ‘continue’ your case, no decision will be made and a later date will be set for you to come to court again.

Stayed

Your case can be ‘stayed’, which means it is adjourned until a later date. If you break the agreement made with your lender they can bring the case back to court at any time.