Tactics for Defending Mortgage Arrears and Possessions Actions 10 top tips

1. Be clear who can approve payments from Repossession Prevention Fund (RPF). Have a policy on what it can be used for. Money is not ring-fenced, so although loans are recommended by CLG, there is wide
discretion.
2. Try to participate in Mortgage Court Duty Schemes. Even if you are not able to undertake representation, you can indicate when a payment under RPF can be made, decide if a household could be put forward for Mortgage Rescue, and improve referral to your advice service to work with the client to resolve problems or offer housing options after the hearing.
3. Work with local Credit Union to administer loans under RPF. Can also use Local Land charges to register loans.
4. The Pre Action Protocol strongly suggests a lender should not seek possession when a property is
being appropriately marketed. Check which local estate agents allow a property to be marketed without paying for a Home Information Pack until near exchange of contracts. (And what happens if the sale does not proceed).

Mortgage Rescue (make good use of the guidance manual and appendices!)
1. Ensure you have access to quality money advice provision with agreed outputs and time scales. For MRS, you could get your staff trained in Money Advice so you can provide holistic Housing and Money Advice. There are a number of free training packages. (This also leaves local Money Advice agencies free to offer independent advice when an offer under MRS has been made).
2. Lender must be proceeding to possession action, but a formal homelessness assessment is not needed for MRS to be considered. (So no priority need or intentionality decision is made).
3. At present, capital cap may not apply in appropriate cases. Develop good working relationships with RSL zone agent to decide when cap could be exceeded (on a case by case basis).

Home-owner Mortgage Support
1. Check which lenders are in the scheme (and other requirements) via www.direct.gov.uk
2. Refer to recognised Money Advice provision – see list on www.direct.gov.uk (under development). See if you can get your preferred Money Advice agency approved, if not currently on the list.
3. Ensure household understands the pros and cons of the scheme (Particularly cost of deferred payments)

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