In these times of rising interest rates and cost of living
pressures this is a big question for many people.
Ultimately if you don’t pay your mortgage your home can be repossessed,
but lenders must go through a number of processes to do that and there are plenty
of opportunities along the way to stop you losing your home.
It is important that you engage and communicate with your
lender though. If you ignore them, even though dealing with debt can be distressing,
then it’s much more likely that you will end up having your home repossessed.
Mortgage lenders are regulated by the Financial Conduct Authority
who have rules about treating customers fairly. Those rules are called the
Mortgage Conduct of Business rules and they set out how lenders must treat
borrowers in arrears. If a lender does not follow the rules you can complain to
the Financial Ombudsman Service.
Those rules require lenders to consider your alternatives before
repossession.
Those could include delaying interest payments, adding
arrears to the mortgage debt, extending the term or changing the type of
mortgage.
You should also be allowed time to sell your home if you
cannot come to a repayment arrangement.
A lender cannot simply start a repossession court action.
Before they do, they must provide you with information including details of
missed payments, the outstanding debt and the amount of arrears and charges.
They should notify you that they are starting repossession
proceedings and advise you to contact your council for homeless help.
They should also keep a record of their contact with you.
Once a lender has decided to start court action for repossession,
they also must follow a pre-action protocol for Mortgage arrears and the Court will
expect them to demon state that they have done so.
That involves giving you details of your arrears, payments
over the last 2 years, interest and charges that will be added, monthly instalments
and the total mortgage debt. They should also give you information about
mortgage arrears from Money Helper or Shelter.
The lender must consider any reasonable repayment plan that
you suggest.
If you have applied for certain state benefits, help from
the Council, mortgage protection insurance payments or a support for mortgage
interest loan then your lender may delay court action.
But you may still have to show that you are seeking debt advice,
expect your finances to improve or can meet mortgage payments with funding from
benefits or insurance.
If you are trying to sell your home the lender must consider
delaying court action. But you will have to show that the home is on the market
for a reasonable price and authorise the lender to contact your estate agent
and conveyancing solicitor. They may also ask to see the sales brochure and EPC
as evidence.
If the lender starts court repossession proceedings and it
gets as far as a hearing in front of a Judge, the Judge can still adjourn the
hearing if the lender has not followed the protocols which of course include
considering things like proposed repayment plans.
All of this means that there are lots of opportunities,
right up to a repossession hearing, to reach an agreement with the lender that
does not involve your home being repossessed. But all of that relies on you
engaging with the lender. It is vital not to ignore correspondence and to speak
to the lender throughout.
If you do find that court proceedings are started against you for Mortgage arrears, then you may want to seek the advice of a solicitor, search for a solicitor without having to provide any of your personal data at https://www.search4legal.co.uk/Home/Search.