Many people who have lost their house due to mortgage arrears, ask the same question. Once a possession order is made and the warrant for possession is executed, there is not much hope left for the owner; however, there are three precise conditions when an executed warrant for possession can be set aside. These three conditions that could allow you take back your house are: the order on which warrant for possession was issued is itself set aside; the warrant in question has been obtained by fraud; or if the court finds that there is an abuse of process or oppression in its execution.
Let’s understand these aforementioned conditions with examples. Consider that a lender named L has started a possession claim against a property mortgaged to a borrower B. Taking into account various evidences presented, the court makes a possession order and L consequently moves to the High Court for execution. In the meantime, B appeals the possession order and had a pending application for another related order. While applying for execution in the High Court, L didn’t mention these pending applications and B was evicted. As the judge later ruled that this falsification of form is abuse of process, the warrant for possession was set aside.
To further understand these conditions, let’s take another example. Suppose, there is a pending appeal for the execution of a possession order. The borrower in this case applies for a stay on this appeal. When this pending appeal goes to the court, the application for stay was missing from the documents due to an error made in the court office which eventually led to a warrant for possession that was also executed. The borrower then applies to the court about the same and the warrant is set aside due to the oppression condition. If you think that your case meets one of these above mentioned conditions, it’s important that you take legal help as soon as possible so as to reclaim your house after repossession.