ROOF Blog

Hundreds of thousands of homeowners could be in line to collect hefty refunds for unfair mortgage charges as lenders face being forced to hand back millions of pounds in fees imposed on customers who missed their monthly loan payments. One firm has been fined £2.8million and made to return £7.7million to borrowers when it was found to have acted unfairly. The crackdown by the Financial Services Authority is likely to lead to claims by hundreds of thousands of home owners who believe they have been harshly penalised.

The number of repossessions orders taken out by mortgage lenders rose by three per cent during the third quarter of the year to 13,987, figures from the Financial Services Authority (FSA) have shown.

Despite the increase, the FSA said the number was ‘much in line’ with the average for the year as a whole and six per cent below the figure for the first quarter of the year.

The drop is likely to have been driven by interest rate cuts at the start of the year, which made mortgages more affordable, and increased government help for struggling borrowers.

The FSA said the number of borrowers who had fallen into mortgage arrears of more than 1.5 per cent of their outstanding loan had fallen for the third successive quarter, and at 46,000 was down 10 per cent on the three months between April and June and 30 per cent below the peak in the last three months of 2008.

Mortgage lenders are failing to follow rules designed to help people avoid repossession, according to a damning report published today.

The joint report by AdviceUK, Citizens Advice and Shelter found that in a third of recorded cases mortgage lenders had failed to comply with new rules – known as the ‘pre-action protocol’ – requiring them to take court action as a last resort only.

Before starting legal action, lenders should offer borrowers other options for dealing with their arrears – however, judges only verified they had done so in a handful of cases.

Published on the same day as new repossession figures are expected from the Financial Services Authority (FSA), the ‘Turning the Tide?’ report is based on research into hundreds of cases seen by advisers who give last-minute advice to people at court on the day of their repossession hearings.

Fitch, one of the world’s most influential ratings agencies, said that the reforms proposed by the Financial Services Authority (FSA) could result in higher costs and greater inefficiencies in the mortgage market.

The rating agency said the FSA’s Mortgage Market Review ‘could have negative financial implications for mortgage customers instead of the intended benefits’.

Fitch said its concerns were specifically around the proposals for arrears management, which it said were too prescriptive and would take away ‘flexibility’.

Robbie Sargent, director in Fitch’s European structured finance operational risk group, said:

‘The assessment of borrowing capacity, and disposable income, along with the verification of income for all applications, will require a detailed methodology, and in all likelihood, the provision of some form of manual underwriting for all loan applications.

‘This will almost inevitably lengthen the mortgage application process and push up costs for the lender, which may in turn be passed on to the borrowers in the form of higher interest rates and/or product fees,’ said Sargent.

The Financial Services Authority (FSA) has called the buy-to-let market ‘unsustainable’, with high incidences of mortgage fraud and arrears a major reason for them to act as regulators.

If buy-to-let remained outside its remit, borrowers who were turned down for residential mortgages – which are already regulated and will be subject to tougher rules under the FSA’s proposals – may try to obtain unregulated buy-to-let loans instead; a process it called ‘gaming’.

The FSA said: ‘Bringing buy-to-let within regulation…would address an identified risk to market sustainability, strengthen oversight arrangements and offer the potential for protecting consumers making investment decisions on property’.

Extending the FSA’s scope to include buy-to-let mortgages would require approval from the Government.

Shelter has been investigating sale and rent back companies who take out adverts in national and regional newspapers to check whether the companies that are advertising are signed up to the FSA’s tough new regulations. Results show that out of the 18 main companies that advertise regularly in the press, four are still not signed up to the regulation and are therefore operating illegally. Kay Boycott, Shelter’s director of policy and campaigns, said: ‘We are shocked to discover some rogue and unregulated companies have the nerve to advertise in national newspapers when they are operating completely outside of the law. If almost a quarter of the big firms who are advertising in national newspapers are unregulated, then it is highly likely that many more of the smaller companies are operating completely under the radar.’

The City watchdog’s proposals for the mortgage market received a cautious welcome from the industry today. But trade bodies expressed concerns about how some of the Financial Services Authority’s (FSA) measures would be implemented, as well as the impact a ban on self-certification mortgages would have on certain borrowers. Paul Broadhead, head of mortgage policy at the Building Societies Association, said: ‘We need a sensible balance between appropriate regulation and allowing people to buy their own home when they can afford to do so.’ The Council of Mortgage Lenders said the FSA seemed to believe that regulation could not rely on borrowers behaving in their own interests, but that consumers instead needed measures to be introduced to protect them from themselves. However, Shelter, the housing and homelessness charity, called on the FSA to implement the changes it was proposing urgently to ensure the ‘dark days of reckless lending never return.’

Nearly half of people having difficulties paying their mortgage do not seek advice, often because they feel their problems are not serious enough or they do not know where to go for help. Of those who sought advice, two-thirds went to their mortgage lender, while one in four got help from Citizens Advice. The Financial Services consumer panel which produced the figures and which advises the Financial Services Authority said there was an ‘urgent need’ for more investment in information and advice, so consumers understand that debt advice agencies must not be ‘seen as a last resort’.

City regulator the Financial Services Authority announced a sharp increase in penalties to come in from February 2010. Under the new rules individuals will face a minimum fine of £100,000 while companies will be hit with penalties worth up to £50 million. An insider said that the FSA had to increase its fines because ‘insufficient account’ had been taken in some cases of previous enforcement action, often as the companies stood to earn much more in profit flouting the rules than they stood to lose from a fine.

Meanwhile mortgage fraud has topped £97 million in the first six months of the year, research by accountancy firm BDO Stoy Hayward has found. Twenty-one mortgage fraud cases have already been heard this year, and the Financial Services Authority has warned that it is causing instability in the lending market.