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Mortgage and secured loan possession actions in England

On 15 December 2009, AdviceUK, Citizens Advice and Shelter published a joint report on measures to help struggling homeowners through the recession.

The report analyses the cases and circumstances of 452 people who have sought advice from courts duty desks run by AdviceUK members, the Citizens Advice Bureaux and Shelter at 65 county courts in England during July 2009.

The report finds that:

• Job loss and other loss of income were the most common reasons given for mortgage arrears.
• Overall, 77% of clients who were advised avoided immediate loss of their home.
• In a third of recorded cases, advisers considered that the lender had not complied with the mortgage pre-action protocol which requires them to take court action as a last resort after offering borrowers other options for dealing with their arrears.

The report suggests that the tide of mortgage repossessions has not yet turned. It calls for further action by lenders, regulators and government to strengthen help to protect people from avoidable homelessness.

Turning the tide? Evidence from the free advice sector on mortgage and secured loan possession actions in England