News just in:  homeowners are to be offered even greater legal protection under plans released today.
Thousands of families have been able to celebrate the Christmas holidays having been helped by the Government’s Housing Possession Court Duty Schemes to avoid eviction from their homes.

“Christmas should be a time of relaxation and celebration with family and friends, but many people will be worried about mortgage and rent payments.  If you are experiencing problems, please act now and seek specialist advice from Community Legal Advice – on 0845 345 4 345 or at www.communitylegaladvice.org.uk.  Early advice on housing and related matters could help to ensure that you stay in your home in 2010.”

The latest figures from the Legal Services Commission’s schemes, which provide last minute emergency help to homeowners and tenants facing court, show that 2,177 people across the South East were helped between October 2008 and September 2009.

On average last year, 76% of people helped by the schemes nationally were able to return home immediately following repossession hearings that might otherwise have led to eviction, equipped with specialist advice on the best way to avoid future any future repossession orders.

The findings come as the Ministry of Justice releases new proposals that will guarantee homeowners the chance to access court protections when their lender intends to repossess and sell their homes. The plan, outlined in a consultation document published today, seeks to close a legal loophole which a lender could use to sell an owner-occupied residential property without the approval of the owner or the courts.

Together, these findings and proposals provide further evidence that the measures taken by Government during the recession have paid real dividends for struggling householders – and will continue to do so.

Justice Minister Bridget Prentice said:

“Losing your home is one of the most traumatic events anyone can face, and the Government is working hard to ensure that this never happens before borrowers have received all the help available to them, including financial assistance and debt advice.

“These schemes have helped prevent thousands of homeowners being taken to court by their lenders. And in those cases which do end up in the court, we’re providing last-minute specialist advice, often making a dramatic and very real difference in preventing repossessions and evictions at the eleventh hour, for both mortgagees and tenants.

“And now we’re doing more. Under the existing law lenders have the right to repossess and sell a property without seeking either the agreement of the owner, or of the Courts. While there is no evidence that owner-occupiers are being treated in this way, the Government proposals published today would close this loophole and prevent any future instances of ‘rogue lenders’ behaving this way.”

The Housing Possession Court Duty Schemes provide free on-the-day advice and representation in England and Wales for those facing repossession.  The 112 desks, funded by the Legal Services Commission through the Ministry of Justice, cover the vast majority of all possession claims issued. A further 80 desks in other courts are funded by the Department of Communities and Local Government.

If you are experiencing problems, please act now and seek specialist advice from Community Legal Advice – on 0845 345 4 345 or at www.communitylegaladvice.org.uk.