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I’m in mortgage arrears and due in court: How do I avoid being evicted?

I’m due to appear in court next week about not paying my mortgage. I have been unable to repay my monthly mortgage repayments after losing my job six months ago and am concerned that my family is going to lose its home. 

I’ve been too scared to discuss the full extent of my financial difficulties with my lender – indeed, I’ve suffered plenty of sleepless nights as a result – and now find myself facing a judge as I’ve been unable to agree a new payment plan. 

What do I need to tell the court to ensure I can keep a roof over my head while I continue looking for work? AS

Appearing in court may provide you an opportunity to avoid being evicted, explains ex-judge Stephen Gold

Appearing in court may provide you an opportunity to avoid being evicted, explains ex-judge Stephen Gold

MailOnline’s Property expert Myra Butterworth replies: I’m sorry to hear about your circumstances.

While the prospect of a court appearance may well be distressing, it may provide you with an opportunity to save the roof over your head. 

If you are working hard to find a new job and are able to show evidence in court of this, there are options that a judge can use to support you.

We speak to a former judge about what information you need to share in court to help avoid being evicted and having your home repossessed. 

Stephen Gold, ex-judge and author, replies: I sympathise, but head burying under the sand is a bad idea when it comes to mortgage arrears, and engagement with the lender when difficulties arise is important. 

Some lenders actually have a heart: not exactly cuddly, though reasonable.

More often than not, there is a real chance that the home can be saved. Remember, too, that it is the court that decides at a hearing whether or not you must leave and not the lender and so ensure you participate at the hearing. 

Personal attendance is the best so that the judge can see themselves how seriously you are taking the situation. Also, speak to the free independent expert adviser who should be available at court and who may also be able to accompany you into the hearing and address the judge on your behalf. 

If it is impossible to personally attend, ask the court in advance to allow you to take part by phone or video.

Show your good faith by paying the lender whatever you can afford before the hearing, even though that is very close. Don’t ask the lender permission to do this and take to court written evidence that you have paid.

When you get to court the lender’s representative will almost certainly seek you out to discuss what you have in mind. No harm in going along with a chat. They won’t bite – usually. 

You might just be able to negotiate a course that suits you. Don’t be intimidated by them. As I said, the court decides.

If you are struggling with your home in tough times, read This is Money’s guide to what to do if you can’t pay your mortgage.

Those due to appear in court should provide evidence of how they intend to clear their debts

Those due to appear in court should provide evidence of how they intend to clear their debts

One commodity you will need to escape eviction is money. Not necessarily in your hands, but in the pipeline. That’s money to clear the arrears and to pay ongoing mortgage instalments.

It could be coming from a new job, from your father-in-law or from your son who is about to start paying his way. 

Have evidence of the intended source of this money with you at court, ideally in the form of the human being who is set to come up with it.

The lender may protest to the judge: ‘Unemployed for six months. Why should we suppose he won’t be unemployed for six years?’

Explain to the judge why you are confident – and look and sound confident – that the tide is about to turn. Ideally, write out a CV and show it to the judge. Do your best to at least fix up some job interviews before the hearing and show the judge evidence of them.

If you may be eligible for the Government support for mortgage interest scheme, which would assist towards your commitment and have not yet applied, make that application immediately and tell the judge about it.

Although the judge will wish to see the arrears paid off… they do have power to allow right up to the end of the mortgage term, even if it is 25 years, for this to be done

Retired judge Stephen Gold

Perhaps you have been unable to secure employment in the same sector in which you were formerly involved. If it be the case, persuade the judge that you are prepared to take work in any industry if it means keeping your home. Prepare a budget on the best and worst case scenarios that will hopefully demonstrate that, once back at work, you could keep up current payments and pay off the arrears within the lifetime of the mortgage.

Although the judge will wish to see the arrears paid off as soon as possible, usually by monthly instalments, they do have power to allow right up to the end of the mortgage term, even if it is 25 years, for this to be done.

An estate agent’s assessment of the value of your home, or a ballpark figure obtained online, could be a clincher for you. If the gap between the value and what it would take to pay off the mortgage is comfortable, that could make the difference between eviction and being allowed to stay put because it would eliminate or reduce any potential prejudice to your lender. 

If you have sufficient equity in your home, the judge will be able to say to themselves: ‘If I allow the borrower to stay and they default again, the lender shouldn’t be out of pocket because the likely equity can soak up the fresh arrears.’

Let the judge see the valuation, although if it shows your interest is effectively worth a tenner or less, leave it behind on the bus to court.

The judge will usually have the option of saving you from eviction if that would be justified, whether you have a repayment or interest-only mortgage or a mixture of the two, or are in arrears with a first, second or eleventh mortgage. 

What are the available options? 

The judge will usually have the option of saving you from eviction. Here is the order menu from which the judge can pick:

  • Order you to leave within 28 days
  • Order you to leave in a longer period than 28 days if there are special reasons for extending time (for example, because you are trying to sell your home – see more on that below)
  • Order you to leave but suspend (paralyse) the possession order so that you can stay put, for as long as you keep up the current instalments and the arrears instalments that are specified

If you satisfy the judge that you have a reasonable prospect of securing employment which would justify the making of a suspended possession order, the probability is that they will adjourn the hearing for at least 28 days to enable you to get that work and prove you are in it next time.

If you perform really well, they may make a suspended possession order there and then in the expectation of you getting the job, and fix the first payment date to coincide with when you will have wages in the bank.

The lender’s representative may say to the judge that they cannot interfere with your contractual obligation to pay what you had agreed when you took out the mortgage on the dates that were set. 

However, remind the judge that section 36 of the Administration of Justice Act 1970 permits the court to allow monthly instalments to go unpaid for a period, if it appears likely that the borrower will be able to pay those sums within a reasonable period.

A judge has the power to allow right up to the end of the mortgage term, be it 25 years or whatever, for this to be done.

Although a judge will wish to see the arrears paid off, they have power to allow right up to the end of the mortgage term for this to be done

The court will not be able to save you if your mortgage required you to repay the lender on demand – such as a mortgage securing a bank overdraft – or if your mortgage term has come to an end – for example, if you had an endowment mortgage for 25 years, which is at its end, and what the life company pays out is less than the mortgage debt.

On the brighter side, if it is a second, third or subsequent mortgage that is in arrears, the court usually has broader powers to assist you and can make a so-called ‘time order’ to cater for temporary difficulties.

These include reducing the monthly instalments, relieving you for the time being from having to pay anything off the arrears and even allowing payments to be made after the mortgage term has ended. The powers may not exist for certain mortgages taken out before April 6, 2008.

Can I still choose to sell the property?  

You may have reluctantly decided that you cannot afford the mortgage and that the property has to be sold. Much better to sell yourself than have your lender sell – probably at auction and maybe to a vulture – after you have been evicted.

You have the right to sell at any point before you are evicted, provided the price will pay off the mortgage. The mortgage arrears and the court case make no difference to that.

It is not a brilliant idea to volunteer your difficulties to a prospective buyer, however, or they may lie in wait until after you are out and attempt to scoop up your home for peanuts. 

Ask the judge to adjourn the hearing to give you an opportunity to sell. Your chances of the judge agreeing will be enhanced if you have already placed the property with an estate agent and show proof. 

Should the judge refuse an adjournment they may still be prepared to allow you longer in the property, before you have to leave. You have the right to apply to the court to stave off the bailiff even when the deadline for you to move has passed and you have at last got a buyer or your circumstances have changed for the better and the mortgage and arrears have suddenly become affordable.

It may suit you to earn an adjournment of the first hearing on technical grounds. Nothing of which to be ashamed. The judge could adjourn in some cases. (See below for more information).

There is much more in my book. Good luck. 

  • Stephen Gold is an ex-judge and author of ‘The Return of Breaking Law’ published by Bath Publishing. For more on service charges, go to

When can a judge adjourn the hearing? 

It may suit you to earn an adjournment of the first hearing on technical grounds. 

The judge could adjourn, if asked by you, where: 

  • The lender has failed to follow a protocol before starting proceedings (unless a buy-to-let mortgage) by sending you various details with a view to an agreement and giving you no less then 15 working days warning that they are going to court
  • The court papers have not been sent to you at least three weeks before the hearing
  • The lender does not have with them a form called an N123 relating to protocol compliance or certain other documentation that the judge will be looking for
  • The lender has not sent you copies of any written evidence it is relying on at least two days before the hearing

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Folkestone dubbed the new Whitstable after undergoing a dramatic transformation

Every year around this time we hear of plans to regenerate run-down seaside towns and dreary resorts, from Margate to Morecambe. 

Yet none could match the dramatic transformation of Folkestone on Kent’s south coast.

Just ten years ago, Folkestone was on the slide. ‘I moved here in 2015 from Gran Canaria to work in a hotel and parts of the town, notably the harbour area, were scary — so I moved on to Canterbury,’ says Alex Rodriguez, 31, now a freelancer working in corporate communications.

Turning the tide: The Kent seaside town’s once off-limits harbour is now an enticing location

Turning the tide: The Kent seaside town’s once off-limits harbour is now an enticing location

‘Then I heard about the changes going on, so in 2020 I moved back here with my husband and picked up a three-bedroom Victorian end-terrace house for £240,000. 

I have never regretted it — Folkestone nowadays has a really cool vibe and beautiful scenery.’

It is difficult to imagine the Folkestone that Alex found back in 2015. Much of the harbour and seafront was occupied by railway sidings, a squalid fairground and a flea market. The Old Town area was, to put it bluntly, a slum.

It took the ambition of Sir Roger De Haan to create the Folkestone of today. He bought the town’s harbour in 2004 with a view to regenerating it.

‘My parents started [travel company] Saga and when I sold the company in 2004 [for £1.35 billion] I was still only in my late 50s and I needed to carry on working,’ Sir Roger told me. ‘I decided on four strands of regeneration: education, buildings, the arts and sport.’

These areas were in desperate need of attention. Folkestone had one of the five least academically successful secondary schools in England. 

With an investment of £34 million, Sir Roger had architect Norman Foster design a replacement and it is now judged ‘good’ by Ofsted. 

Sir Roger also helped set up performance venues and ploughed money into a variety of sports facilities.

But the flagship of the new-look Folkestone is a development of 84 apartments on the sea-front. Set on shingle at the top of the beach, it is built of glistening white, glazed bricks. 

Broad balconies give the exterior a Gaudi-esque look, while inside the curvature of the tall windows means rooms are bathed in light. Materials of wood and pebble echo the seaside theme.

Prices range from £430,000 for a one-bedroom flat to £2.2 million for a penthouse. Six more blocks are planned, totalling 1,000 units (

Nearby is the restored Harbour Arm, with its champagne bar, food stalls. Stroll south along the seafront and you pass brightly painted beach huts and a landscaped coastal path.

The revamped Old High Street is now bursting with independent shops and studios — not unlike popular and chi-chi Whitstable on the north Kent coast.

‘It has a really cosmopolitan atmosphere,’ says Alex. ‘There are lots of freelancers and we meet in a coffee shop twice a week, which gives a real sense of community.’

There’s a lot to attract newcomers, with London’s St Pancras just an hour away. So, with so many seaside towns looking to re-invent themselves, what’s the secret of a successful regeneration?

‘In areas where the economy is broken, it is not enough to just fix the buildings,’ said Sir Roger. ‘You have to give the town a whole new economic purpose … there must be one over-arching grand ambition.’

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Majority of Businesses (82%) Set to Boost R&D Funding in the Next Three Years

Businesses And R&D Funding

More than 78% of R&D professionals believe that an enhanced 50% R&D tax credit will incentivise green tech development

A recent report by the Industry Research and Development Group (IRDG) and KPMG sheds light on the state of Research and Development (R&D), highlighting the urgent need for increased funding to keep pace with other leading innovation-driven nations. Titled ‘Ireland’s Innovation Index,’ the report presents insights gathered from a survey of 394 respondents representing various sectors, including engineering, technology, medical, and software.

Growing Ambitions for R&D Investment

The findings of the report reveal that a significant majority (80%) of respondents plan to boost their R&D expenditure in the next three years, while 67% have already increased their R&D budgets over the past three years. Encouragingly, only a mere 4% anticipate a decrease in future R&D spending. This heightened commitment to R&D investment underscores its critical role in driving economic growth and competitiveness.

R&D Landscape

Ireland has demonstrated commendable performance in the realm of R&D, with a substantial proportion (69%) of multinational companies considering Irish R&D grants and tax supports on par with or even superior to those offered by other countries. Only 31% expressed a less favorable opinion. Moreover, 64% of the survey respondents have taken advantage of the Research and Development Tax Credit (RDTC), while 53% have availed themselves of semi-state grant supports. These figures indicate the value that companies place on government incentives to support their innovation endeavors.

The Need for Increased Funding

Despite the positive strides made, the report highlights the pressing need for Ireland to bolster its R&D funding to match the levels seen in leading innovation-driven nations. According to the IRDG, an additional €2 billion in funding is required to bridge this gap effectively.

Embracing Sustainability and Digitalization

The report also emphasizes the potential of enhanced R&D funding in promoting green tech development. An overwhelming 78% of R&D professionals believe that an improved 50% R&D tax credit would serve as a powerful incentive to drive innovation in sustainable technologies. This highlights the need to align R&D investment with the challenges of sustainability and digitalization, ensuring continued economic prosperity and positioning Ireland as a global leader in these areas.

The Importance of Support for SMEs and FDI

Dermot Casey, CEO at IRDG, underscores the significance of increased investment in innovation, particularly in supporting innovative small and medium-sized enterprises (SMEs) to create the next generation of Irish success stories, akin to industry leaders like Kingspan and Fexco. Additionally, such investment is crucial to bolster the Foreign Direct Investment (FDI) sector. Businesses are poised to invest, but they require robust support to overcome challenges related to accessing skills, talent, and administrative burdens.

Competition in the Global Landscape

Ken Hardy, head of KPMG’s R&D incentives practice, draws attention to the intense competition among European jurisdictions, including neighboring countries like the UK, which are actively vying to attract R&D activities. In light of this landscape, Ireland must fortify its support systems and allocate a more substantial budget to maintain its competitiveness. Hardy commends the positive sentiment among over two-thirds of Irish RD&I professionals who view Ireland’s support systems as comparable to those of other countries.

Charting the Path Forward

The report underscores the urgent need for Ireland to bolster its investment in R&D, both to stimulate innovation and to address the challenges presented by sustainability and digitalization.

By increasing funding and providing comprehensive support to innovative companies, Ireland can seize opportunities for economic growth and maintain its position as a global hub for research and development. The collective efforts of industry, government, and academia will be instrumental in driving Ireland’s innovation agenda and securing a prosperous future.

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Ways Small & Medium-Sized Businesses Can Hire Big Tech Talent

In response to mounting financial concerns, tech giants like Amazon, Microsoft, and Alphabet (Google’s parent company) have recently implemented significant staff cuts. This has prompted industry leaders to reevaluate their hiring practices, recognizing the limitations of Big Tech’s ability to weather challenging economic times.

While the tech industry’s overall stability is assured, the combination of a declining economy and a previous surge in hiring has resulted in substantial job losses. However, this situation also presents an opportunity for small businesses and start-ups to tap into a pool of available tech experts.

To capitalize on this unique scenario, small and medium-sized business (SMB) owners must act swiftly to gain a competitive advantage over larger companies and attract highly skilled candidates.

In this article, John Elf, Technology Contributor at ‘Voice of EU’ and Head of Marketing at Vibertron Technologies, provides insights into some simple but effective strategies for attracting talent in a candidate-heavy market.

Small and medium-sized businesses (SMBs) can leverage consulting services to attract the best talent, just like big tech companies do. Here’s how SMBs can make use of consulting services to enhance their talent acquisition efforts:

1. Talent Acquisition Strategy Development: SMBs can engage consulting firms specializing in talent acquisition and HR strategies to help them develop a comprehensive talent acquisition strategy. These consultants can assess the organization’s needs, identify talent gaps, and devise effective recruitment and sourcing strategies tailored to the SMB’s specific industry and requirements. This strategic approach ensures that the SMB is targeting the right candidates and maximizing its resources.

2. Employer Branding and Positioning: Consulting firms experienced in employer branding can assist SMBs in developing a strong employer brand that resonates with their target talent pool. They can help SMBs articulate their unique value proposition, culture, and growth opportunities, ensuring that the organization stands out as an attractive employer. These consultants can also provide guidance on how to effectively communicate the employer brand across various channels to attract the best talent.

3. Recruitment Process Optimization: Recruitment service provider can help SMBs, same as LCEs, optimize their recruitment processes, making them more efficient and effective. Consultants can review and streamline the entire hiring process, from job postings and candidate screening to interview techniques and selection methodologies. By improving the candidate experience and ensuring a smooth and timely process, SMBs can enhance their reputation as an employer of choice.

4. Candidate Sourcing and Evaluation: Consulting firms specializing in talent acquisition can assist SMBs in sourcing and evaluating candidates. They can leverage their networks and resources to identify top talent and conduct thorough assessments, including skill evaluations, cultural fit analysis, and background checks. By leveraging external expertise, SMBs can access a broader candidate pool and make well-informed hiring decisions.

5. Compensation and Benefits Consulting: Attracting and retaining top talent often requires competitive compensation and benefits packages. SMBs can engage consulting firms that specialize in compensation and benefits to ensure their offerings align with industry standards and meet the expectations of high-caliber candidates. These consultants can provide insights into market trends, salary benchmarks, and innovative benefit options, enabling SMBs to remain competitive in talent acquisition.

6. Training and Development Programs: SMBs can leverage consulting services to design and implement training and development programs. These programs not only help attract talent but also contribute to employee retention and growth.

Consultants can identify skill gaps, design customized training modules, and provide guidance on employee development initiatives, ensuring that SMBs create a culture of continuous learning and professional advancement.

By utilizing consulting services in talent acquisition, SMBs can access specialized expertise, best practices, and industry insights that are typically associated with larger companies. This approach enables SMBs to compete for top talent on a more level playing field, enhancing their ability to attract and retain the best candidates.

By John Elf

John Elf is Head of Marketing at Vibertron Technologies, and an Honorary Contributor at ‘Voice of EU’. A version of this article has already been published.

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