Written answers

Thursday, 19 February 2015

Department of Finance

Mortgage Arrears Proposals

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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67. To ask the Minister for Finance his views on concerns that a bank is putting undue pressure on persons (details supplied) in County Kerry regarding their property; if his attention has been drawn to the enormous emotional stress and anxiety being caused by the actions of the bank in failing to engage with the persons; if he will ensure that these persons are treated fairly and with dignity; and if he will make a statement on the matter. [7582/15]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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This Government has put in place a number of initiatives to assist homeowners in difficulty. Support and independent professional advice is available for borrowers in serious debt difficulty through the following channels:

-Insolvency Service of Ireland ()

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-Money Advice and Budgeting Service (MABS)

Borrowers in difficulty must engage with their lender as early as possible in order to identify the best solution to their debt situation. This will afford them the protection of the Code of Conduct on Mortgage Arrears (CCMA) and ensure that the resolution arrangement that is finally agreed is both affordable and sustainable.

The Code of Conduct on Mortgage Arrears (CCMA) provides a strong consumer protection framework to ensure that borrowers struggling to keep up mortgage repayments are treated in a fair and transparent manner by their lender, and that long-term resolution is sought by lenders with each of their borrowers. The Mortgage Arrears Resolution Process (MARP) framework, as set out in the CCMA, outlines the steps which lenders must follow:

Step 1: Communicate with borrower;

Step 2: Gather financial information;

Step 3: Assess the borrower's circumstances; and

Step 4: Propose a resolution.

A lender may only commence legal proceedings for repossession where the lender has made every reasonable effort to agree an alternative repayment arrangement under the Code with the borrower or his/her nominated representative and the specific timeframes set out in the Code have been adhered to or the borrower has been classified as not co-operating

If a borrower is not happy with the way that their lender is dealing with them or if they think they are not complying with the CCMA, the borrower can make a complaint to their lender.

Borrowers can also make an appeal to the lender's Appeals Board if they are not happy with the alternative repayment arrangement offered or where a lender declines to offer an alternative repayment arrangement or if they believe they have been wrongly classified as not co-operating.

If the borrower is not happy with the outcome of the appeal/complaint made to the lender they can refer the matter to the Financial Services Ombudsman (FSO). Further information on how to make a complaint to the FSO is available at .

The strong view of the Government is that, in respect of co-operating borrowers under the Mortgage Arrears Resolution Process (MARP), repossession of a person's primary home should only be considered as a last resort. Every effort should be made to agree an acceptable arrangement as an alternative to repossession. Regretfully, however, it must also be accepted that due to the individual circumstances, not all mortgages can be made sustainable and that in these limited circumstances, it will be in the best interests of both parties to resolve the situation in a fair manner.

Of course, the Central Bank is also working to ensure that banks are fully complying with the codes of conduct. The Central Bank expects to see that mortgage lenders have taken the letter and spirit of the CCMA seriously. Where the Bank finds evidence of instances of non-compliance, it will continue to hold lenders to account for any deficiencies in their policies and practices in this regard.

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