BraeholdIf you're behind on your mortgage and worried about losing your home, please know two things: you have more options than it can feel like, and you usually have more time too. Here's how repossession actually works in Scotland, and where a sale can help.
Get free, independent help first
Talk to these before anything else
- Shelter Scotland — free housing and repossession advice.
- Citizens Advice Scotland — free, confidential money and housing advice.
- National Debtline and StepChange — free debt advice.
- Your lender — contact them early; they must try to avoid repossession before going to court.
How repossession works in Scotland
A lender can't simply take your home. Under the Home Owner and Debtor Protection (Scotland) Act 2010, they must first meet "pre-action requirements" — making reasonable efforts to agree an alternative — and then apply to the Sheriff Court, where a sheriff decides whether repossession is reasonable. It's a process with several stages, and at each one you can still act.
Your options
- Agree a payment arrangement or check whether you qualify for mortgage support.
- Scottish Government schemes such as the Home Owners' Support Fund (mortgage-to-rent / mortgage-to-shared-equity) may help you stay in the home.
- Sell before a court order — a voluntary sale keeps you in control of timing and price, clears the mortgage, and avoids a repossession being recorded against you.
Where a fast sale helps
If selling is the right route for you, doing it before the court grants an order matters — it protects your credit file and lets you clear the debt on your terms. A cash buyer can complete quickly when time is short: see our page on selling to avoid repossession. Selling isn't the only way out of arrears and won't be right for everyone, which is exactly why we'd want you to get the free advice above first.
Worth knowing
Braehold buys property — we are not solicitors, tax or debt advisers. This is general information, not advice; please speak to a qualified professional about your own circumstances.