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Attend your court hearing Print E-mail

You only have to leave your home if a court grants a possession order which your lender or freeholder then enforces. It is essential that you attend the hearing so you can explain your situation to the judge.

The hearing will take place in the Royal Courts of Justice in Belfast. It is a civil matter. This is not the same as going to a criminal court. There is no risk of you being sent to prison if you have mortgage arrears.


Your lender or freeholder has to apply to court before they can take your home. The papers you get from your lender’s solicitor will tell you the address of the court where the hearing will take place.

Hearings are usually held in the judge's private room, known as Chambers. The judge is called a Master in possession proceedings.


The court papers will tell you when your case will be heard. Arrive at the court in good time.

Your court papers should tell you where to go; ask at the front desk of court to be directed to the right place. There is usually a list of all cases to be heard that day outside the Chancery Master's chambers.

As there may be a lot of cases to be heard, you may have a long wait until your case is called. However if you don't arrive at court at the time stated in your papers you could miss your hearing.

If you haven’t received advice, check if there is a specialist adviser present in court on the day of your hearing. The adviser may be able to provide free, independent advice for people involved in possession proceedings who do not have legal representation.
You and your lender will both have the opportunity to speak. The lender will usually be represented by a solicitor. You can both bring a solicitor or adviser for representation. You may want to take a friend along to help you in court.

You must check with the Master if you want them to speak for you. Remember that the Master’s Chambers is a private room and not an open court – you will need permission if you want somebody to represent you before the Master.

You will be called into the Master’s chambers. Usually the plaintiff (your lender) or their solicitor speaks first and explains why they want to repossess your home. You or your solicitor can ask the plaintiff or their solicitor questions.

After the plaintiff or their solicitor has spoken, you or your representative will have the opportunity to speak. You can tell the court why you shouldn't lose your home or why the repossession should be delayed. The plaintiff or their solicitor may ask you questions.

The Master may ask either side questions at any time.

The Master may decide you shouldn't lose your home if:
•    you have paid off your arrears;
•    you are making regular repayments to reduce the debt;
•    you will soon be able to make sufficient payments to repay the arrears;
•    you are trying to sell your home;
•    your lender hasn’t met the requirements of the pre-action protocol.

The Master may decide to take more time to hear all the evidence if the case is complicated. The Master will set a date for a new hearing if this happens.


When the Master has heard the arguments from both sides and looked at all the evidence, s/he will make a decision.

If you don't understand the decision, you can ask the Master to explain what it means. A written copy of the decision should be sent to you by the lender after the hearing.

If your lender or freeholder starts court action against you, you are likely to have to pay their legal costs. These costs are added onto your mortgage account.

If you haven’t received advice up before going to court, check if there is a specialist adviser present in court on the day of your hearing. The adviser may be able to provide free, independent advice for people involved in possession proceedings who do not have legal representation.