CH14 Flashcards

1
Q

If customer falls into arrears, what must be issued?

A

Mortgage warning within 15 working days

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2
Q

What is maximum number of years a mortgage can be pursued under CML/UK finance?

A

Six years

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3
Q

What is arrangement to pay if customer fallen into arrears?

A

Paying more than scheduled repayment for specified period

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4
Q

If borrower has temporary difficulties, what can be done?

A

Freeze arrears subject to review

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5
Q

What is Child Tax Credit?

A

Claimed by person/couple responsible for child > 16 or < 19 in FTE

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6
Q

What is Working Tax Credit?

A

Payment to top up earnings of working people on low incomes, payable to those working > 16 hours pw with children or >30 hours without children

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7
Q

When can Income Support be claimed?

A

Those with no income
Part time earnings and in receipt of other benefits

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8
Q

What is JSA?

A

Benefit claimed by unemployed and actively seeking work, payable for 26 weeks

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9
Q

What must a claimant be receiving to be eligible for SMI?

A
  • Income support.
  • Income-based JSA.
  • Income-related ESA.
  • Pension credit.
  • Universal Credit.
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10
Q

How is SMI tested?

A

Means tested, not eligible if savings > £16k

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11
Q

What are the rules for SMI if mortgage completed after 1995?

A

No SMI payable for first 39 weeks
Payments calculated by reference to standard rate of interest and recalculated each time moves by 0.25%
Payable up to £200k (or £100k if receiving pension credit)
Standard rate based on Financial Statistics published by ONS
Made direct to lender
Generally, home improvements do not qualify

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12
Q

What was change to SMI in April 2018?

A

Now loan which must be repaid when property sold or from estate

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13
Q

What is mortgage rescue scheme?

A

Gov backed mortgage rescue schemes administered by local housing guidelines, help borrowers stay in homes if risk of possession

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14
Q

What are legal remedies of lender to recover debt set out in?

A
  • the Law of Property Act 1925 (in England and Wales); and
  • the Conveyancing and Feudal Reform (Scotland) Act 1970 (in Scotland).
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15
Q

What are three possible outcomes of action if possession actioned?

A
  • An outright possession order may be granted, giving the lender the right to apply to the court for a warrant to enter the property and obtain vacant possession after 28 days.
  • A suspended possession order may be granted – this imposes a repayment schedule on the borrower and gives the lender the right to petition for a warrant if the borrower fails to comply with this schedule.
  • The case may be adjourned.
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16
Q

When a mortgage goes into arrears, deed may allow lender to charge what?

A
  • Interest at normal rate on all arrears
  • Interest at higher rate
  • Fees for various actions
17
Q

Who does Higher Lending Charge insurance cover?

A

Lender, not borrower

18
Q

What is subrogation?

A

Insurance (HLC) covers lender, if shortfall, insurer has right to take over lender’s rights to recover shortfall

19
Q

How are payment allocated (arrrears/missed monthly payments) when client in financial difficulty?

A

1) clear missed monthly payments
2) paying arrears charges

20
Q

In Scot, application by lender for a Calling Up Notice is made to who?

A

Sheriff court

21
Q

Why would a lender appoint a receiver?

A

Tenants occupying property