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Overview of mortgage debt

Introduction

The mortgage on your house, flat or apartment is probably the biggest and most important financial commitment that you have. If you cannot keep up your mortgage repayments, your lending institution (bank, building society or local authority) may eventually seek to repossess your home.

If you are having difficulties paying your mortgage, you should talk to the lending institution as soon as possible. Your lender must take certain steps to deal with any problems you have in paying your mortgage. Repossessing your home should be the lender's last resort.

Lending institutions such as banks and building societies are bound by codes of conduct in relation to people who are having difficulties paying the mortgage. Local authorities operate under similar guidelines.

See our document on consumer protection codes and mortgages for more information.

Other loans and debts

Even if you have no mortgage on your home, it could be in danger of repossession if you have other debts. If you build up other debts and are unable to repay them then the people to whom you owe money may register that debt as a 'judgment mortgage' against your home and seek to recover their money in that way (see our document on repossession).

Difficulty paying the mortgage

A residential mortgage is a loan from a lending institution to help you buy a house, flat or apartment. When you get a mortgage the lending institution gets a claim on your property. If you have, or are likely to have, a problem paying your mortgage, you should talk to the lending institution as soon as possible. Consumer protection codes provide that your lender must take certain steps to deal with any problems you have in paying your mortgage before attempting to repossess your property.

Delaying and allowing arrears of payment to build up will make the problems worse. Lending institutions do not want to repossess your home. They want you to continue your payments.

If you are in debt or starting to have financial difficulties you can get help from the Money Advice and Budgeting Service (MABS). MABS provides a free service to help you deal with your debt and make a budget based on your income. It has also published A Guide to the Code of Conduct on Mortgage Arrears(pdf).

MABS and the Irish Banking Federation (IBF) have developed a joint protocol (pdf) setting out how MABS money advisers can work together with creditors to help people to address and manage debt problems, including problems with mortgage debt. There is also a guide to how the protocol works.

The IBF has also developed a Guide to Dealing with Mortgage Repayment Difficulties (pdf) in consultation with MABS. The Guide is available on the dedicated website helpinghomeowners.ie.

If you are having difficulty paying your mortgage because you are unemployed or are working under 30 hours per week you may be entitled to Mortgage Interest Supplement.

FLAC (the Free Legal Advice Centres) have published a useful set of guidelines on mortgage arrears (pdf).

Four important steps

As soon as you realise that you may have a problem paying your mortgage, you can start to take action to deal with the situation. A MABS adviser can help you to do this, either face-to-face or via the helpline. You can also follow the 4-step self-help path that is described in detail on the MABS website. The 4-step path can be summarised as follows:

  1. Assess your situation. Make a list of all your debts. Check that each debt is in your name. Identify the debts needing immediate attention (for example, your mortgage arrears). Get in touch with the lenders immediately - preferably in writing. There are sample letters on the MABS website.
  2. Make out a budget. List how much money is coming into your household each week (or month) and how much is going out. You can then work out how much you can afford to offer towards paying your debts and how you can best plan your spending in the future. You can get blank budget sheets and spending diaries from the MABS website or through the helpline.
  3. Deal with the debt. Write to the lender, making an offer of the amount you can afford to pay and explaining your financial situation. The MABS website has sample letters and blank financial statements.
  4. Organise a method of paying the agreed amount. You can do this in various ways, such as direct debit, internet banking or a MABS Budget Account.

Mortgage arrears

The Code of Conduct on Mortgage Arrears (CCMA) (pdf) is the main code of relevance to people whose mortgage is in arrears or in danger of slipping into arrears. Under the CCMA, lenders must operate a Mortgage Arrears Resolution Process (MARP) when dealing with arrears and pre-arrears customers. You can read more in our document on the Mortgage Arrears Resolution Process.

Legal advice

You may wish to get legal advice on your options and on what happens if the mortgage lender takes steps to repossess your home. The Free Legal Advice Centres (FLAC) provide free legal advice from a nationwide network of voluntary advice centres, some of which are based in Citizens Information Centres. The Legal Aid Board also provides legal advice, but there is a means test for this. If you are threatened with repossession, you may be able to get free legal representation from New Beginning, a voluntary service which aims to represent people in this situation.

See 'Where to apply' below for contact details for these organisations.

Where to apply

Find your nearest MABS office or ring the helpline at Lo-call 1890 283 438 (9am - 8pm, Monday - Friday) or email: helpline@mabs.ie.

To access free legal advice, you can ring the FLAC helpline at Lo-call 1890 350 250 (9.30 am - 5.30 pm, Monday - Friday). They can tell you where your nearest Free Legal Advice centre is located.

You may also be able to access legal advice from the Legal Aid Board, if you fulfil the criteria.

You can find contact details for New Beginning on their website.

Page updated: 21 October 2011

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Contact Us

If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.