ROOF Blog

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.

Average household wealth in the south-east of England is almost twice that in Scotland, according to the Office for National Statistics’ (ONS) first ‘Wealth in Great Britain’ report, which also found that London was not as wealthy as you might think.

The ONS painted a detailed picture of affluence and borrowing habits after collecting evidence from 31,000 households across Britain and estimating the value of their housing, pension investments and other possessions.

For many of the respondents to the survey, accumulating a healthy portfolio of assets was a distant dream: the least wealthy 10 per cent of households had negative total net wealth – owing more on their mortgages or other loans than their properties and other goods are worth.

A total of 55,300 mortgages for house purchases were granted by lenders in October, the highest number since December 2007, the Council of Mortgage Lenders (CML) said today.

Activity in the housing market has increased markedly since reaching a trough in January when just 23,000 home loans were advanced during the month.

The bulk of the market is made up of home movers, with 35,600 of October’s loans going to borrowers who already own a property, a 49 per cent increase on the same period last year.

However, first-time buyer numbers have also recovered since the start of the year, more than doubling from 8,900 in January to 19,700.

Homeowners facing repossession or struggling to meet mortgage payments after losing their jobs will continue to receive extra support from the government following the pre-Budget report.

The government has said it will freeze the standard interest rate used to calculate its Support for Mortgage Interest (SMI) at 6.08 per cent for a further six months. It said the SMI scheme has benefited around 220,000 homeowners.

From April this year, the government said it would cover the monthly interest due on mortgages of up to £200,000 for borrowers who have been out of work for three months and were having difficulty meeting their payments.

Previously it only offered support to homeowners with mortgages of £100,000 or less.

First-time buyers were dealt a blow in the pre-budget report when the chancellor announced that the current stamp duty holiday would not be extended beyond the end of the year.

Alistair Darling also scrapped plans to raise the threshold for inheritance tax from £325,000 to £350,000. Currently, anyone buying a property for £175,000 or less avoids paying one per cent stamp duty.

This threshold has been in place since September 2008 when the chancellor increased it from £125,000.

Since the stamp duty holiday was introduced, about 132,500 house-purchase mortgage transactions have escaped the tax, according to research by the Council of Mortgage Lenders.

This accounts for more than a quarter of the 486,400 house purchase loans in the period.

The meltdown in the American housing market is not over yet, with experts warning that a rise in home foreclosures next year and in 2011 could undermine the chances of a sustained economic recovery in the United States.

The Obama administration has set aside $75 billion (£46 billion) under its homeowner bailout plan, known as the Home Affordable Modification Programme, to allow up to four million American homeowners to reduce their monthly mortgage payments and keep them from defaulting on their loans.

Yet despite efforts by the US Treasury Department to step up pressure on mortgage companies to modify more loans, take-up has been slow and the programme has been widely condemned for providing insufficient help to borrowers who have lost their jobs or who owe more than their homes are worth.

The Chancellor should double the tax relief on income made from renting out a spare room when he delivers his pre-Budget report on 9 December, according to the National Landlords Association.

The NLA hopes that Alistair Darling can be persuaded to raise the tax-free ‘rent-a-room’ threshold from its current level of only £4,250 – a level it has remained at since being introduced in 1997.

Since that time, rents have more than doubled in most parts of the country, shrinking the value of the original income threshold.

The NLA is one of several organisations supporting the Raise the Roof campaign, which is lobbying for an increase to £9,000 per year.

‘Raising the tax-free threshold for live-in landlords would provide an important boost to homeowners who are facing difficulties meeting their mortgage payments,’ said Chris Norris, NLA policy manager.

‘For many, the extra rental income really could mean the difference between paying the mortgage and losing their home.’

Greg and Diane Horoski bought their home before the boom and, when house prices soared, increased their mortgage to finance a small business.

Interest rates rose, health bills poured in, and then the housing market crashed so that they ended up owing thousands of dollars more than their bungalow was worth.

Yesterday they went to court in New York expecting to be thrown out – but instead they emerged with their debt of $500,000 (£300,000) written off and a mortgage-free home.

Judge Jeffrey Spinner ruled that their lender’s behaviour had been ‘harsh, repugnant, shocking and repulsive to the extent that it must be appropriately sanctioned so as to deter it from imposing further mortifying abuse’.

The decision, which is to be the subject of an appeal, offers possible relief for some of the 7.5 million Americans who are behind with their mortgages and face losing their homes.

One in seven homes in America is now in the process of being repossessed as many families find it impossible to pay off the high-interest mortgages that were handed out in abundance when the property market was at its height.

Banks were today accused of profiteering from homeowners during the recession, as it emerged that the average interest charged on variable-rate mortgages is 4.2 per cent higher than the Bank of England’s base rate.

The average Standard Variable Rate mortgage now charges interest rates of 4.7 per cent, down only one per cent over the past year – when the base rate fell by 2.5 per cent. Vera Cottrell from consumer watchdog Which? said the variable rate market was ‘raising serious concerns’.

She said: ‘Lenders are getting away with charging very high mortgage rates right now, many have an incredibly high margin between base rate and the interest being charged. That’s offering consumers a poor deal.’

More help was offered to struggling homeowners as the government officially named 34 repossession ‘hotspots’ across the country – including Sedgefield, Tony Blair’s old constituency, and four areas of London.

John Healey, the housing minister, warned that the risk of repossession would ‘stay high throughout next year’, prompting his department to announce it was stepping up support for homeowners in financial difficulty by extending a campaign offering impartial free advice, and tightening rules to make sure repossession is always the ‘last resort’.

More than 300,000 families have already benefited from the advice and support the government has put in place during the recession, the communities and local government department said.

Healey said he was extending the local drive to encourage people to seek mortgage help and advice into 34 areas considered at greater risk due to high levels of unemployment and numbers of court orders for repossessions.