Repossession

This is a stressful time. The regulators - Financial Services Authority (FSA), have announced that homeowners facing repossession are to get more help. Rules to make sure repossession is always the last resort are also being tightened, while more help is available to guide families through schemes such as the Mortgage Rescue Scheme.

The aim of Public Advice is to offer help and guidance to assist in answering your questions and explain how you may be able to save your home from getting repossessed.

Here is some information which may help answer your questions briefly right now.

Mortgage lenders must now tell councils when repossession action is started against residents in their local area. This will allow councils to step in and offer advice and help for those most in need.

There are also tougher tests for lenders. A new checklist for courts means lenders must prove they have tried everything they can before taking repossession action.

Steps are also being taken to give homeowners even more protection in the future. The Financial Services Authority plans to legally enforce minimum standards of tolerance and understanding that homeowners can expect from lenders if they fall behind with their mortgage payments.

More help is being provided to guide the most vulnerable families through the Mortgage Rescue scheme, now offered by all councils. A new fast-track team has also been put in place to speed up applications and decisions.

If you can't meet your mortgage repayments, or you are worried that you may fall behind with your monthly payments it is important that you contact your lender as soon as possible. Mortgage lenders are keen to help their customer's sort out any payment difficulties. They may be able to come to a payment arrangement with you.

If you've already fallen behind with your payments your lender will suggest a way to pay off the arrears gradually, alongside your usual payments. If you can't meet the extra payments, you may be able to delay them for a while or add them to your loan. Again, it depends on your track record. You can get free independent advice about mortgage difficulties from several organisations. They'll help you work out what you can realistically afford. The CAB offers free, confidential advice face-to-face or by phone.

If your lender repossesses your home, they'll sell it to get their money back. But if it sells for less than you owe them, they may want you to pay back the rest of the debt (the 'mortgage shortfall').

This is no longer a 'priority debt', which means your lender can't claim any more of your possessions or assets. But they can try to recover the debt for a long time - up to 12 years.

If your lack of income has brought you to the point where you think your property may get repossessed, then it's vital you get the right advice. Further Advice:

We hope this small amount of information has helped you understand briefly the repossession options. If you wish to receive further advice please call us on 01923 85 42 02 and we will provide you with more details of what processes you can follow to stop your home from being repossessed.

You may feel you need help with writing letters or representation from a solicitor – you can call us for more advice. We can recommend a solicitor firm to represent you at reduced costs.

It is advisable that if you require a solicitor to represent you then you use the larger solicitor firms to represent you. The reason is - They have the right staff who have many years of experience between them to allow you to receive the best advice. However, this is not always possible for many due to the costs of the larger firms. At Public Advice we have linked up with various larger firms who will offer their advice at reduced costs based on the volumes of business we provide to them.

For more information please call us on 01923 85 42 02.

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