If you have not been able to stop your lender or freeholder from starting court action, it doesn't necessarily mean that you will lose your home. It's still worth trying to negotiate a solution before the hearing. If this isn't possible, the court will listen to both sides and will decide what should happen to your home.
You should get advice before the case goes to court. An adviser can explain your options and whether the court is likely to allow you to stay in your home.
Where can I go for advice?
Contact our Housing Needs Team as soon as possible using the contact details on the right hand side of this page. We will be able to advise you what you can do to try to save your home, represent you in court if your lender starts possession proceedings, and advise you about other housing options if the worst happens and you lose your home.
What will I need to bring with me?
If you come in for an appointment, you should bring with you:
- The particulars of claim sent to you by the court
- Mortgage statements and any letters from your Building Society
- Details of any other debts you have, such as:
- Loans secured against your property
- Other loans
- Store cards, credit cards, catalogues
- Arrears on your council tax, fuel bills and water rates.
Where else can I go for advice?
You could also contact the following:
- Citizens Advice Bureau
- Community Legal Service
- Consumer Credit Counselling Service
- National Debtline
- Shelter
What happens if I do not leave when the order has expired?
If you do not leave your property by the date the court order has expired, your Building Society can ask the court bailiff to physically remove you from the property.
I’ve received a court order for the bailiffs to take possession. What should I do?
For further information visit the following sites:
- Shelter Advice Guide - Mortgage Arrears

- CAB - Advice On Mortgage Arrears

- CAB Fact Sheet - Help With Debt Fact Sheet

Related Websites
- CAB - Advice On Mortgage Arrears

- CAB Fact Sheet - Help With Debt Fact Sheet

- Shelter Advice Guide - Mortgage Arrears

Related Tasks
- Feedback - Comment on this page
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- Feedback - General
- Feedback - Housing Needs

- Notify - Change of Address
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- Search - Consultation Finder
Contact Housing Needs Service
- Tel: 01803 208723
- Email: housing.advice@torbay.gov.uk
- Fax: 01803 208282
