Loss Mitigation Letter From Mortgage Company Template for England and Wales

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Key Requirements PROMPT example:

Loss Mitigation Letter From Mortgage Company

"Need to draft a Loss Mitigation Letter From Mortgage Company for a first-time buyer who has missed three consecutive payments due to unemployment, offering a 6-month reduced payment plan starting March 2025, with specific mention of available government support schemes."

Document background
The Loss Mitigation Letter From Mortgage Company is a crucial document used when borrowers face financial hardship affecting their ability to maintain mortgage payments. It serves as both a regulatory requirement and a practical tool for preventing foreclosures in England and Wales. The letter must detail specific options available to the borrower, including payment modifications, temporary payment reductions, or refinancing options. It typically follows initial contact about payment difficulties and precedes any enforcement action, forming part of the required steps under the Pre-Action Protocol for Possession Claims.
Suggested Sections

1. Customer Information: Account details, property address, loan reference

2. Acknowledgment of Hardship: Reference to customer's reported financial difficulties

3. Current Loan Status: Outstanding balance, payment arrears, current interest rate

4. Available Options: List of loss mitigation options being offered

5. Required Actions: Steps customer needs to take to pursue options

6. Timeframes: Deadlines for response and action

Optional Sections

1. Payment History: Recent payment history when relevant to decision

2. Counseling Services: Information about available financial counseling when severe hardship

3. Alternative Contact Methods: When vulnerable customers require specific communication channels

Suggested Schedules

1. Income and Expenditure Form: For customer to detail their financial situation

2. Supporting Documentation Checklist: List of required documents to support hardship claim

3. Terms and Conditions: Specific terms for offered loss mitigation options

4. Information Sheet: FCA-required information about mortgage arrears

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Financial Services and Markets Act 2000 (FSMA): Primary legislation that provides the overall regulatory framework for financial services and sets out requirements for regulated mortgage activities

Mortgage Conduct of Business Rules (MCOB): Part of the FCA Handbook containing specific requirements for treating customers fairly and detailed requirements for communications with customers in payment difficulties

FCA Regulations: Includes CONC (Consumer Credit sourcebook) rules, Treating Customers Fairly (TCF) principles, and vulnerable customer guidelines

Consumer Protection from Unfair Trading Regulations 2008: Ensures communications are clear, fair and not misleading, and protects against unfair commercial practices

Pre-Action Protocol for Possession Claims: Sets out steps creditors should take before starting possession proceedings and requirements for communication with borrowers

Data Protection Act 2018 and UK GDPR: Outlines requirements for handling personal information and privacy considerations in communications

Consumer Rights Act 2015: Ensures fairness in consumer contracts and protects against unfair terms

MCOB sourcebook: Contains specific requirements for dealing with payment difficulties and guidelines on forbearance options

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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