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Missing mortgage payments and being threatened with repossession is every homeowner’s worst nightmare, yet every year thousands of people lose their homes. Lenders take court action to gain control and ownership of your property, so that they can sell it to recover the debt you have failed to repay. Your account is “in arrears” if you miss a mortgage payment, and generally after two or three missed payments lenders will start repossession proceedings.

The important thing to recognise as a homeowner threatened with repossession is that there are options to consider. If a lender takes action through the courts it does not mean that you will definitely lose your home. Refinancing your home may help, or you could always sell. Getting friends of family to help with the arrears is a further consideration.

Before you decide any drastic measures, the most important thing to do is to talk with your lender. Some lenders are more helpful than others, but help may include extending the term of the mortgage, switching to interest only from a repayment mortgage, or rescheduling the debt in another way. This may prevent the need to go to court. However, even if you can’t agree a suitable solution with the lender, the judge at court is more likely to sympathise if you can show you have tried to solve the situation and not hide from it.

Assuming you do have to go to court, then its worth noting that although serious, its far less formal than you may think. Possession hearings are held in the county court and are in private rooms. The lender is likely to be represented by a legal clerk. You, the lender and the judge will all be seated at a table and generally hearings only last ten minutes. Its your opportunity to explain what’s happened and aim to reach agreement on clearing the debt so you can keep your home.

The best solution at a hearing is to come up with the arrears. This clears your account and removes any need for the lender to seek possession of your property. Alternatively, if you can show that you can meet future monthly payments and pay a sum towards the arrears each month, then the judge may grant a suspended possession order. This means you can stay in your home provided you meet this commitment each month. If you decide to refinance or sell your home, the judge is only likely to grant extra time if you can show that your chosen option has been progressed and can be finalised in 28 days.

Selling your home is an option, though judges will want to see the transaction has progressed and an offer accepted before considering suspending your repossession. A good estate agent will realistically price your property, market it well and check out potentials buyers financial situation to help you achieve a fast sale. Refinancing is an option, though bear in mind this will depend on the speed with which a broker can process your application and find a suitable product. There will be few lenders available to you and the cost may be high over the long term.

A suspended possession order may be granted at the court hearing by the judge. This will allow you to stay in your home provided you adhere to any terms that the judge has stipulated. For example, this may be to make full monthly payments in future together with a small contribution towards arrears. The judge may also suspended the order to allow you to follow through with any other proposal you have e.g. refinancing your home or selling it. If you fail to convince the judge to suspend or waive the order then the lender will be granted possession and you’ll have a matter of a few weeks before eviction.

Repossession is a worrying time, but the key is to get as much information and advice as possible. There are a variety of voluntary and charitable organisations available to you free of charge to guide you through the process, answer your questions and discuss your options with you. Such organisations include your local Citizens Advice Bureau, Shelter and National Debtline.