Enforcement action
Once the court reached a decision that you have to leave your home, your lender must apply to the Enforcement of Judgements Office to enforce the decision. You will have to pay the Enforcement of Judgements Office fees. These will probably be added to the balance owed on your mortgage.
If you do not leave the property, the Enforcement of Judgments Office must remove all your possessions before giving your home to your lender. You will be charged for this.
Your bank or building society must use the Enforcement of Judgements Office to enforce the court's decision. You will get a Notice of Intention to enforce. You have ten days to come to an arrangement with your lender. It may still be possible to stop your lender from repossessing your home.
After ten days your lender can apply for possession of your property. You will receive a Notice of Intention to make an Order for Possession of Land.
It may be possible to stop the repossession by coming to an arrangement with your lender. If you don’t agree with the order the Master has made, you may be able to object. You have eight days to object to the repossession from when you received the Notice. There must be a legal reason for objecting to the order. Contact a local advice agency for help if you are planning to object.
Write to the Enforcement of Judgments Office at:
Enforcement of Judgments Office
Bedford House
Bedford Street
Belfast BT2 7DS
Your letter should include:
- the reasons for your objection
- that you want the case to be heard by the Master
- your case reference number.
If your objection is unsuccessful the Enforcement of Judgments Office will serve an Order for Delivery of Possession of Land. You still have the right to object at this stage. Although the longer the situation goes on, the more difficult it becomes to enter into negotiations.
You may be able to apply for a Stay of Enforcement. The application must be made to the High Court. You will need a solicitor to file legal papers and you will have to pay costs upfront to apply for a stay. The application is only possible if you can make a genuine proposal that will clear the arrears during the lifetime of the loan. This will usually only happen if there has been a significant change in circumstances since the original Order was made. The court can stay or postpone the enforcement while the new proposal is kept up. Get advice immediately if you think this is an option for you.
The duration of the enforcement process varies from case to case. It can usually take a a number of months for the possession order to be enforced. Once the Enforcement of Judgments Office gets involved, you can usually only stop your lender from getting your home by applying to the court for a stay.
It is better to make preparations to move somewhere else before the Enforcement of Judgments Office arrive to physically remove you.
You will have to pay the costs if the Enforcement of Judgments Office have to remove your possessions from your house. Your possessions will be stored for 28 days. If you haven't paid to collect them within the 28 days, they will be sold at auction to cover the Enforcement of Judgments Office's costs.
The Enforcement of Judgements Office (EJO) charges a fee for enforcing a court order. Your lender will pay these fees. However, the fees are then included in the total amount you owe.
Contact the Enforcement of Judgements Office for more information on how the fees are calculated.
Remember, even if the Enforcement of Judgements Office is already involved, it may still be able to stop the repossession and reach an agreement with your lender. Seek advice immediately if you've received letters from the Enforcement of Judgements Office.
This website contains advice and information on housing in Northern Ireland. It is a public resource. Housing and advice professionals who require more detailed information might be interested in the professional resources available from Housing Rights Service.