Court proceedings are necessary where the property is owner occupied and the borrower refuses to surrender possession or to sell the property themselves. This is because you cannot use force to remove someone from their property, even if you have contractual right to possession.
The proceedings are very straight forward and the process is mostly paper based. A pro forma court form is filled out and filed in court along with an affidavit of debt. The affidavit attaches a copy of the mortgage and testifies that there is a default.
Bransgroves Lawyers are very experienced and our technology generates this document based on the data we already collected when the mortgage was settled.
The costs of this are payable by the borrower and form part of the mortgage debt.