Who can help
You should speak to support services for repossession. They can give you practical information and advice about what you can do. You should also consider getting legal advice to better understand the options available to you.
Your mortgage lender applies for repossession
If you have fallen behind in your payments and cannot pay your mortgage on your primary home (or your mortgage-to-let property), your mortgage lender may decide to take a legal case against you. This is known as an application for possession in the court. If you do not engage with your mortgage lender and reach an agreement your property may be repossessed and sold to pay the debt.
If you have used your property as a security for other debts that you can no longer pay, your property may be repossessed to cover those debts.
If your mortgage lender takes a legal case against you, they will send you a Civil Bill for Possession. This is a legal document used to begin a repossession case in the Circuit Court. For more information see our Civil Bill for Possession page.
Where repossession cases are dealt with
Repossession cases take place in the Circuit Court and High Court. The Circuit Court can hear cases involving property with a market value of less than €3 million. The High Court hears cases involving property with a market value of more than €3 million. The majority of repossession cases involve property with a value of less than €3 million and are heard in the Circuit Court.
Your case will take place in the Circuit and County where your property is located. You will find this information on the Civil Bill for Possession you have received. A list of contact details for the Circuit Court Offices can be found on our find us page.
Who hears repossession cases
Repossession cases are heard by the County Registrar. A County Registrar is a Court official who has a number of quasi-judicial functions (they can carry out some of the functions of a judge) in the Circuit Court.
The County Registrar can:
- Hear a case.
- Make requests for more information from you or your mortgage lender.
- Make an order for Possession of the property.
- Transfer the case to a Circuit Court Judge.
Other court applications
If there is a change in either your own or your mortgage lender's name, this will need to be recorded as a change to the title of your case. This is known as a substitution order. This change can happen if a mortgage lender passes on your mortgage to another mortgage lender. This is something that can happen often.
To record this change, the party whose name has changed will need to make an ex parte application (a type of court application where only one party needs to be aware of the application and be present in court) to the court.
All information is provided for guidance only. You can check relevant court rules (Order 15.4, Order 9 Rule 6, Order 5b) and practice directions (CC11 and CC17) to ensure your understanding of the process is correct.
