Repossession advice for Homeowners
Repossession
Advice for
homeowners
1
If you are having difficulty meeting your mortgage repayments or
are worried it may become a problem in the future, here is some
information which may help you.
• What you should do if you are having trouble paying
your mortgage
• What you should NOT do
• Sources of debt advice and assistance
What you should do if you are having
trouble paying your mortgage
If you are in this situation there are three steps you should follow:
1. Tell your lender as soon as possible: your lender will be
sympathetic and will provide as much assistance as possible.
2. Get advice: there are organisations which offer free and
independent financial advice.
3. Check the help available to you: your repayments may be
covered by an insurance policy or you may be eligible for
government benefits or schemes which could help you to
stay in your home.
The
Financial Services Authority has also published somehelpful guidance for borrowers in difficulty:
What to do if youcan’t pay your mortgage
– http://www.moneymadeclear.fsa.gov.uk/pdfs/mortgage_ cantpay.pdf
1. Your first step: tell your lender
If you are having trouble paying your mortgage, or you think it
will be a problem in the near future, you should tell your lender
immediately. Your lender will be fair and work with you to find a
repayment solution.
Some lenders have telephone help-lines or debt counselling
facilities to assist making contact. The sooner you contact your
lender the better, so that action can be taken to deal with the
difficulty.
If you can’t afford your full mortgage repayments you should talk
to your lender and still pay what you can afford. This shows your
lender you are committed to solving the problem and makes it
easier for them to help you. There are several options that your
lender may be able to consider including:
•
Reducing your monthly payments by lengthening the termof the loan.
•
Moving a repayment mortgage onto an interest-only basis,provided you understand you will not be paying anything
off the actual mortgage.
•
Adding arrears to the outstanding mortgage amount ratherthan seeking immediate payment.
•
Accepting reduced payments for a short period of timeuntil you are able to resume full payments and repay any
arrears that build up as a result.
•
Changing the way you make your payments, or the dateyou make them.
The earlier you make contact, the more options there are available
to resolve the problem. However, these are short-term solutions
and in the long-term a repayment problem will have to be resolved.
Your lender will wish to stay in regular contact with you to keep
up to date with any changes in your circumstances.
Each lender has a policy setting out how they will treat borrowers
when their mortgage is in arrears. Your lender should provide you
with information explaining how you can expect to be treated by
them.
2. Your second step: get advice
There are a number of organisations which offer free and
independent financial advice. Their counsellors can help you
assess your financial problems and advise the best course of action
to solve them.
If you are worried about approaching your lender direct – or if you
have multiple debts – these debt advice agencies can help you.
Lenders will work with these agencies if they are acting on your
behalf.
Debt advisers can also tell you about the government schemes to
help homeowners and help you apply for them.
Ensure that you prioritise your debts and rank them by importance,
primarily food, utilities and shelter. It is also important to preserve
your good credit rating in order to be able to rent or buy a home,
buy financial products, or even for employment.
3. Your third step: check the options and help
available to you
If you become unemployed, have an accident, or are too sick to be
able to work, you should check whether you have a mortgage
payment protection policy –
http://www.cml.org.uk/cml/consumers/guides/mppi
This type of insurance would usually have been taken out at the
same time as your mortgage and, if you have an eligible claim,
will cover your mortgage repayments up to a period of 12 months
or sometimes more.
WORRIED ABOUT YOUR MORTGAGE?
The state benefits and schemes to help homeowners in difficulty
have recently been strengthened. It is worthwhile seeking advice
on whether you are eligible for any of the schemes or benefits
listed below.
Government schemes to help with mortgage arrears
Income Support for Mortgage Interest
Income Support for Mortgage Interest (ISMI) helps homeowners
on benefits with their mortgage interest payments provided that
the mortgage was used to purchase the home or for work to
maintain the property's fitness for occupation.
It is available to people claiming:
- Income support;
- Income based job seeker's allowance;
- Income-related employment allowance; or
- Pension credit.
There is an upper limit of £200,000 on the size of mortgage which
ISMI will cover. Restrictions can be imposed if your housing costs
are considered to be excessive. You cannot claim if you work 16
hours or more per week, or your partner works 24 hours or more,
or if you have savings of over £16,000.
In addition to interest payments, ISMI may also cover ground rent
or certain service charges, but it will not cover the capital part of
your mortgage payments or the premiums on an endowment policy.
The timing of the assistance will depend on when you took out
your mortgage, but usually you will start receiving assistance 13
weeks after the start of a claim. ISMI is normally paid direct to
your mortgage lender and credited to your mortgage account every
four weeks in arrears.
The upper limit on the rate of interest paid is 6.08% and there is a
two year time limit in which you can claim IS for mortgage interest.
For information and advice on ISMI, or to make a claim, visit the
Jobcentre Plus
website – www.jobcentreplus.gov.uk – or phone0800 055 6688.
Home-owner support scheme
The government has announced a scheme to allow borrowers who
are facing possession because of a large but temporary reduction
in their income to defer part of their interest payments for up to
two years. The deferred payments would then be added on to the
outstanding mortgage balance. This scheme is not up and running
yet but further information is available on the Directgov website –
www.direct.gov.uk/en/Nl1/Newsroom/DG_173274
Mortgage Rescue
Mortgage Rescue schemes are operated independently in England,
Scotland, and Wales.
To find out if you are eligible for mortgage rescue or another form
of assistance you should contact your local authority or Citizens
Advice Bureau.
Mortgage Rescue in England
Mortgage rescue schemes in England are aimed at vulnerable
households facing possession (families with children, the elderly,
those with a disability or pregnant women). There are two forms:
-
Shared Equity – the housing association buys a stake of theequity in your property which reduces your monthly
mortgage payments. You still remain the outright owner of
the property; and
-
Mortgage to Rent – the housing association pays off yourmortgage debt and you then become a tenant of the housing
association, paying a rent you can afford.
Information on mortgage rescue schemes in England can be found
at
www.direct.gov.uk/en/HomeAndCommunityMortgage Rescue in Scotland
If you are facing possession in Scotland you may be eligible for
the mortgage to rent scheme – where the housing association buys
your home and you to continue to live there as a tenant.
To apply, you must first get advice about your financial situation
from a Citizens Advice Bureau, a debt advice service or other advice
agency, a solicitor, or your local authority.
Information on the mortgage to rent scheme can be found at
www.scotland.gov.uk/Publications/2008/06/26091514/1
The Scottish Government recently announced an expansion of
the Mortgage to Rent Scheme and a new Shared Equity Scheme
which will start on 16 March 2009.
Mortgage Rescue in Wales
The mortgage rescue scheme in Wales take two forms:
-
Shared Equity – the housing association buys a stake of theequity in your property which reduces your monthly
mortgage payments. You still remain the outright owner of
the property; and
-
Mortgage to Rent – the housing association pays off yourmortgage debt and you then become a tenant of the housing
association, paying a rent you can afford.
Priority is given to families and people who live in specially adapted
housing.
Information can be found on the Welsh Assembly website –
www.wales.gov.uk
. To apply contact your local authority or theWelsh Assembly Government Housing Directorate Tel: 01685
729156 or 01685 729157, email: shg@wales.gsi.gov.uk.
Other benefits & tax credits
Working Tax Credit and Child Tax Credit Working Tax Credit and
Child Tax Credit are administered by Her Majesty’s Revenue and
Customs (HRMC). Please see the HMRC website for further
information or call 0845 300 3900.
2
The Council Tax Benefit is available to help people on a low
income with their council tax bills. For further details visit
the Jobcentre Plus website –
www.jobcentreplus.gov.uk/JCP/index.html
– or your local authority.What you should NOT do
You should never take out a loan at a higher rate of interest to pay
your regular mortgage payments; this will only make the problem
worse. Don’t ignore letters or telephone calls from your lender; if
you are not sure what they mean ask your lender or a debt adviser.
Don’t stop paying altogether if you can’t afford the full repayment:
talk to your lender and pay what you can each month.
You may be thinking about abandoning your property or sending
the keys to your lender. You should not do this without talking to
your lender first and understanding the consequences. You should
be aware that:
•
You will still owe any outstanding debt/mortgage,including the interest building up on the loan, until the
property is sold.
•
You will have to pay for the costs of selling the propertyand will still owe any shortfall between the sale price of
the property and the outstanding debt.
•
Your lender may pursue you, through the courts, to recoverthe total amount owing.
•
You may be recorded on a register of people who have hadtheir properties repossessed and may find it more difficult
to obtain loan finance in future.
Sale and rent-back schemes: exercise caution
Some companies offer to help you if you get into financial
difficulties with your mortgage payments by buying your home
and then renting it back to you for a fixed period of time (six
months or more). These are sometimes called ‘mortgage rescue’,
‘rent-back’ or ‘sell-to-let’ schemes.
These schemes are not regulated by the
Financial ServicesAuthority
so you may not have access to the complaints andcompensation procedures if things go wrong. They are not the
same as ‘home reversion’ schemes which are for people who have
paid off their mortgage and want to sell part or their entire home
for cash and retain the right to live in it for a nominal rent. They
should also not be confused with the government mortgage rescue
schemes.
Selling your home in this way may allow you to clear your
mortgage debts and stay in your home. However, if you opt for
such a scheme you will no longer own your home and could still
be evicted if you fall behind with your new rental payments or be
given a Section 21 notice, where the landlord will automatically
be given possession as long as the landlord has followed the
correct procedure. In addition most of these firms will pay you
less than the market value of your property, so think carefully and
seek advice before entering into such a scheme and make sure you
understand the consequences.
Beware of predatory lending schemes
Most mortgage lenders are trustworthy and provide a valuable
service by allowing families to own a home without saving enough
money to buy it outright. But dishonest and “predatory” lenders
do exist and engage in lending practices that increase the chances
that a borrower will lose a home to repossession. Beware
especially of those who make high risk second mortgages. Other
abusive practices include:
•
Making a mortgage loan to an individual who does nothave the income to repay it.
•
Charging excessive interest, points and fees.•
Repeatedly refinancing a loan without providing any realvalue to the borrower.
Borrowers facing unemployment and/or repossession are often
targets of predatory lenders because they are desperate to find any
“solution”.
Please see the report called
Payday for Loan Sharks to find moreinformation about predatory lending and how to avoid it –
www.shapps.com/reports
Sources of debt advice and
assistance
Organisations that can help you with your money problems and
delay repossession
The Financial Services Authority
The industry regulator has a series of practical guides on
managing money and financial products on their
website including this guide on: ‘what to do if you can’t pay your
mortgage’. –
www.moneymadeclear.fsa.gov.uk/pdfs/mortgage_cantpay.pdf
Citizens' Advice Bureau
Can help with a range of problems including money and housing.
Find the contact details for your local bureau on the Adviceguide
website –
www.adviceguide.org.ukNational Debtline
Charity offering free, confidential advice including a
comprehensive website section on mortgage arrears –
www.nationaldebtline.co.uk
Shelter
Housing charity offering a comprehensive source of advice and
information in housing, including avoiding repossession – see
their website for further information –
www.shelter.org.ukConsumer Credit Counselling Service (CCCS)
Offers assistance in resolving multiple debts – see their website
for further information –
www.cccs.co.ukPayplan
Free confidential advice on debt problems – see the Payplan
website –
www.payplan.com3
Credit Action
Credit Action is the national money education charity and provides
a range of free materials, tools and resources to help you
manage your money well and to understand your options if you
are struggling with debt, housing or redundancy issues. –
www.creditaction.org.uk
ClearStart Consumer Debt Service
A debt counselling and settlement authority –
www.clearstart.orgOrganisations that can help you with alternative housing
Many local authorities have comprehensive housing advice
centres which give necessary information about what
housing may be available. Shelter and CAB can also offer
advice and assistance on housing.
Estate Agents
In the event that remaining in your home is no longer an option,
you will need to find an estate agent to help you sell your
home. The following services can help you find an estate agent:
•
Find a Property – www.findaproperty.com•
Prime Location – www.primelocation.com•
UK Estate Online – www.ukestate.com4
Promoted by Alan Mabbutt on behalf of the Conservative Party, both at 30 Millbank, London SW1P 4DP. Printed by TPF Group, Avro House, Harlequin Avenue, Brentford TW8 9EW.
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