Oireachtas Joint and Select Committees

Wednesday, 2 April 2014

Joint Oireachtas Committee on Finance, Public Expenditure and Reform

Mortgage Arrears Resolution Process: Discussion

2:55 pm

Mr. Stephen Curtis:

It is a very significant problem which we see every day. One party to a mortgage comes to us looking for help but the other will not co-operate, engage or even fill in the paper work. That throws up enormous difficulties because with only one party submitting paper work, the lender will say nothing can be done because the other party is not involved in the process. Then both parties are deemed to be unco-operative. That is not fair on the people who have come to us seeking help and have gone to the lender with their paperwork and a planned solution. Such persons are, clearly, co-operating and doing all they can. However, the lenders will say that in order to put in place any kind of restructuring arrangement, they need the signatures of all parties to the mortgage and so forth. That is fine in the sense that the contracts are in place, but it needs to be changed. If there is a willing party who wants to stay in a house who can come up with some arrangement, he or she should not be precluded from doing so because another party with whom the mortgage was entered into no longer wants to engage or pay. The situation is made worse by the fact that the people who are affected most are often the most vulnerable. They have financial difficulties, certainly, but they also have lots of other difficulties which they are going through at the same time. This exacerbates matters hugely. Some of the most vulnerable people who come to us, the ones in need of most help, support and guidance are in that category. When relationships break down, there are no longer joint finances. It must be recognised that the person who is engaging is making an effort to solve the problem and co-operating. It is not fair to deem such a person to be non-co-operative.