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Karen Jacobs

Mortgage arrears handling

27 January 2010
By: Karen Jacobs | Discussion topic: Banking & Finance Litigation, Banking & Finance Litigation, Mortgage Repossession, Sectors

The Financial Services Authority has published proposals to strengthen existing rules on arrears handling.

 The key arrears proposals:

  • Make plain that firms must not add early repayment charges on arrears charges and interest levied on those charges;
  • Clarify that firms must not apply a monthly arrears charge where the firm and the customer have agreed an arrangement to repay the arrears;
  • Compel firms to consider all options for borrowers.  Repossessions should always be the last resort;
  • Confirm that payments by customers in financial difficulties must first be allocated to clearing the missed monthly payments, rather than to arrears charges, which can be repaid later; and
  • Oblige firms to record all arrears handling telephone calls and to keep all records for three years.

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