Help is available
You can still speak with your mortgage lender or support services to reach an agreement at this stage. To find more information visit our support services for repossessions page.
An Order for Possession
An Order for Possession is a formal written direction made by the Country Registrar or Circuit Court Judge giving the ownership rights of your property to your mortgage lender.
There may be a 'stay' (a temporary stop/halt to court proceedings) on the order coming into effect. This could be for a number of months and up to a year. This means that your mortgage lender cannot take steps to take possession of your property until the 'stay' period has finished.
Enforcement of the Order for Possession
Your mortgage lender must follow a legal step to repossess your property. This is known as enforcement. Your mortgage lender must apply to the court for an order giving them the authority to enforce the judgment. This is known as an Execution Order.
The Execution Order is granted by the County Registrar or Circuit Court Judge and given to the legal representation for your mortgage lender. After 6 years if no action has been taken by your mortgage lender, they will need to apply to the court to renew the Execution Order. You will be notified if this happens.
The Sheriff's Office is an office with the authority to enforce a judgment from any Jurisdiction (the authority of a court to hear and decide a case based on geographic location or the type of legal issue). Dublin and Cork are the only court offices with a separate Sheriff's office. In all other court offices, the County Registrar also acts as the Sheriff. They are supported by a Court Messenger.
After the Execution Order is granted
Once your mortgage lender has submitted the Execution Order to the Sheriff's office, the Sheriff or Court Messenger will make contact with you through a warning letter. They may also try to contact you by phone, email or by calling to your property.
It is very important that you engage and speak with the Court Messenger or Sherriff so that they understand your situation.
If you do not speak or engage with the Court Messenger or Sherriff:
- A warrant to repossess your property may be issued.
- The Court Messenger will let you know that a warrant has been issued to repossess your property.
