Questions and Info relating to Property Issues inc, Charging Orders and Repossession

Moderators: TalbotWoods, JaneClack

By stressedoutagain
#194061 I have managed to scrape up the funds to clear the arrears on the mortgage, and I have received a letter from the mortgage company's solicitors saying that they have requested an adjournment of the proceedings for the possession order "with liberty to restore". I am not sure what the last part means.

It then says that my attendance at court is no longer necessary although I may attend if I wish.

Why would I want to attend? Is there any way I can benefit from attending?

Thanks for your help.
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By froglet
#194142 The solicitors have stopped repossession as you have paid back your arrears, but should you end up in arrears again they will reinstate repossession proceedings, and the way I would read it is that they have no need to take the long drawn-out process, and eviction could happen a lot quicker next time around, in other words it doesn't need to go through the court again. As for attending court, not sure how it would benefit either as the judge will grant the right to the mortgage company to repossess as the terms of the agreement have been broken, so there's nothing to contest :(
By Dizz
#194446 I'm in a similar situation, although we have nothing in writing yet from the lender as it was all a bit last minute.

Our court date is tomorrow, and the lender says we will receive notice of the adjournment once they have been to court tomorrow, and that there is no need to attend.

However, I feel uneasy about not going, not sure whether to trust what they are saying - at least the OP has something in writing, whereas I don't at the moment.

I'm also wondering if adjournment is the only possible outcome, i.e. is it possible to ask for the case to be withdrawn completely seeing as the arrears are paid off?

Any thoughts anyone?