Even if your lender has started repossession proceedings, it's not too late
You can still get help.
Abhaile Free Mortgage Arrears Support / YouTube
If you’ve been avoiding contact with your lender, missing mortgage repayments or not paying the full repayment amount each month, you could find yourself facing a court summons.
The prospect of having to defend yourself against your bank in court might feel incredibly overwhelming. However, in some cases it can mark the beginning of a positive resolution process.
Even if you’ve received prior warning from your lender, a court summons can feel particularly threatening. If you haven’t already done so, it is very important that you seek independent financial advice from the Abhaile service via your local MABS office or the MABS helpline, as there is still plenty of time to discuss other options with your lender.
The lenders are open to making alternative arrangements regarding repayments. There have been cases where people successfully managed to keep their home even after the court granted a repossession order. The court can postpone repossession proceedings for up to two months, to allow the borrower to explore the possibility of putting in place a PIA. A PIA, or Personal Insolvency Arrangement, is a court-approved agreement between you and your lender. It allows for the restructuring and write-off of debt, with the aim of keeping you in your home where possible. Borrowers can access the services of a Personal Insolvency Practitioner for free via Abhaile.
If you can attend court, you should do so. Otherwise, your side of the story may not be heard, and you could miss a valuable opportunity for resolution. Appearing in court and showing that you have made an effort to meet your repayments are two things that will reflect favourably on you. It is also your chance to “fight your corner a little.”
If you do not have the resources to employ a solicitor to represent you in court on the day, do not worry, as there are Abhaile duty solicitors and court mentors offering free support at every Possession Court sitting.
The scheme is designed to take the uncertainty out of the legal process for debtors. It means there’s someone there who is in your corner, who understands the lingo and who can let you know what to expect.
In some courts around the country the Duty Solicitor is also permitted to speak to the court on your behalf, which is helpful if you feel too nervous to speak yourself.
If you are in mortgage arrears or fear you are at risk of losing your home, you may be eligible for free face-to-face financial or legal advice under the Abhaile service. For information, click here or call the MABS dedicated helpline on 0761 07 2000.
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