How does the mortgage code adopted by the industry affect the service you receive from your lender?
Andy Stuart, Editor-in-chief of Your Mortgage magazine offers advice for finding your way through the mortgage maze
Borrowers can expect high standards of service when taking out a home loan thanks to the mortgage code developed by the Council of Mortgage Lenders. Initially introduced for lenders and then extended to include intermediaries, the code now covers virtually the entire mortgage market.
Choosing a mortgage
Currently, the code covers the whole of the mortgage lending process. It spans the initial marketing and sale, the ongoing administration of the mortgage and how lenders will handle cases of financial difficulty. The section on helping you to choose a mortgage, for example, explains that there are three different levels of service that might be given by the lender or intermediary:
· Advice and a recommendation as to which mortgage is most suitable for you
· Information on the different types of mortgage product offered so that you can make an informed choice about which to take, but no advice
· Information on a single mortgage product only (where the lender only offers one mortgage product) and no advice
Whichever level of service is provided, the lender or intermediary arranging your mortgage must also ensure you’re given information on all of the following. Check if you are unclear about any of these:
· The repayment method and repayment period
· The financial consequences of repaying the mortgage early
· The type of interest rate, and what future repayments might be after any fixed or discounted period
· Whether you have to take out any specific insurance
· The general costs and fees which might be involved
· Whether your selected mortgage terms can be continued if you move house
· When your account details may be passed to credit reference agencies
· Mortgage interest tax relief
· Whether you are required to pay a high-percentage lending fee and if so, what this means to you
The code’s key commitments
These specify that mortgage lenders and intermediaries will:
· Act fairly and reasonably in all dealings with you
· Ensure that all services and products comply with the code, even if they have their own terms and conditions
· Give you information on services and products in plain language and offer help if there is any aspect which you do not understand
· Unless you have already decided on your mortgage, help you to choose a mortgage to fit your needs
· Help you to understand the financial implications of a mortgage
· Help you to understand how your mortgage account works
· Ensure the procedures staff follow reflect the commitments set out in the code
· Correct errors and handle complaints speedily
· Consider cases of financial difficulty and mortgage arrears sympathetically and positively
· Ensure all services and products comply with relevant laws and regulations
Mortgage intermediaries
These include financial advisers, estate agents, mortgage brokers, accountants, solicitors and others. As well as meeting the conditions of the code already mentioned, mortgage intermediaries must also:
· Tell you whether they are acting on your behalf or are an appointed agent acting on the lender’s behalf
· Explain whether they arrange mortgages from a selection of preferred lenders or from the market as a whole
· Tell you if they will receive a fee for arranging your mortgage and if so, how much
Compliance with the code
Compliance with the mortgage code is policed by the Mortgage Code Compliance Board (MCCB). In addition, any lender or intermediary that subscribes to the code must be a member of a recognised complaints scheme. These include the Banking Ombudsman and the Building Societies Ombudsman.
Endowment mortgages, once the most popular type of home loan in the UK, have fallen out of favour. The media is full of stories about endowment misselling and there has been speculation about an endowment mortgage scandal rivalling that of personal pensions. So if you have an endowment mortgage, what do you do?
Clearly a new borrower should exercise caution before taking an endowment-backed mortgage. Firstly, they should consider whether it makes sense to take an interest-only loan repayable by an investment product rather than a straight repayment loan. And if they are sold on an interest-only mortgage, the tax-free benefits of an individual savings account (ISA) are probably more suitable than an endowment policy.
But what if you already have an endowment mortgage? What should you do?
First of all, don’t cash in or simply stop making payments to your policy. Even the worst endowment policy is better than none at all if you have an interest-only mortgage. How else will your loan be repaid?
If you face a shortfall in your endowment, the endowment company should have written to you, but even if you have heard nothing, it’s worth contacting them to see whether it is on course to repay your loan in full.
If there is a potential shortfall, you could increase your premiums. Otherwise, you could make additional contributions into an individual savings account (ISA), which may help to cover any shortfall. You’ll need to be strict with yourself and not raid your ISA.
You could ask the lender whether they will accept overpayments to the mortgage in order to reduce the debt. It is likely however, that they may accept overpayments but won’t reduce your loan until the end of the year unless you have a flexible mortgage.
If you are moving home and taking out a larger loan, you should always think long and hard before cashing in, selling or stopping an endowment. It usually makes sense to keep the endowment going and simply reduce the amount of loan it covers when you take out a new mortgage.
Let’s say, for example, you have an existing endowment mortgage for £100,000 and need to borrow £150,000 to fund your new purchase. You could reduce the amount your endowment covers to £90,000. The additional £60,000 could be taken on a repayment basis or possibly as an interest-only loan backed by an ISA.
There are plenty of other options open to you – so seek independent financial advice before you take any action that you could live to regret.
Quick contact
Mortgage Code Compliance Board
Hotline 01785 218200
Website www.mortgagecode.org.uk
E-mail enquiries@mortgagecode.org.uk