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Hardship Mortgage Letter for the United Kingdom

Hardship Mortgage Letter Template for England and Wales

A formal written communication from a mortgage borrower to their lender, regulated under English and Welsh law, detailing financial hardship and requesting modification or assistance with mortgage payments. The letter adheres to FCA guidelines and includes specific details about the nature of hardship, current financial situation, and proposed solutions, while complying with UK consumer protection requirements.

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Hardship Mortgage Letter

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What is a Hardship Mortgage Letter?

The Hardship Mortgage Letter is a crucial document used when borrowers face difficulties meeting their mortgage obligations under English and Welsh law. It serves as a formal communication channel between borrowers and lenders, typically used when unforeseen circumstances affect payment ability. The letter must comply with FCA regulations, including MCOB rules and treating customers fairly principles. It should detail the specific hardship circumstances, current financial position, and proposed solutions, supported by relevant documentation.

What sections should be included in a Hardship Mortgage Letter?

1. Personal Information Block: Account number, mortgage details, property address, and borrower's contact information

2. Nature of Hardship: Detailed explanation of the financial difficulties being experienced, including when they began and their cause

3. Current Financial Situation: Comprehensive overview of current income, expenses, assets, and other debts

4. Request for Assistance: Specific request for mortgage modification or assistance, including proposed payment plan if applicable

5. Supporting Documentation Reference: List of enclosed documents supporting the hardship claim

What sections are optional to include in a Hardship Mortgage Letter?

1. Previous Communications Reference: Reference to any prior discussions or correspondence with the lender regarding the hardship

2. Third Party Authorization: Authorization section when the letter is being written by someone other than the borrower

3. Future Income Prospects: Information about expected changes in financial situation or employment prospects

What schedules should be included in a Hardship Mortgage Letter?

1. Financial Statement: Detailed breakdown of current income and expenditure

2. Evidence of Hardship: Supporting documentation such as medical records, redundancy letters, or other relevant proof

3. Income Verification Documents: Recent payslips, benefits statements, or other income verification

4. Bank Statements: Recent bank statements (typically 3-6 months) showing financial activity

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions




















Clauses















Industries

Financial Services and Markets Act 2000: Primary legislation that establishes the regulatory framework for financial services in the UK, including mortgage lending and regulation.

Consumer Credit Act 1974: Key legislation governing consumer credit and lending, providing consumer protections in credit and loan agreements.

Mortgage Credit Directive Order 2015: Implements EU rules on mortgage lending in UK law, setting standards for mortgage credit and consumer protection.

Consumer Rights Act 2015: Consolidates consumer protection law, ensuring fairness in contracts and transparency in consumer transactions.

FCA Mortgage Conduct of Business Rules: Regulatory rules governing how mortgage lenders must conduct their business and treat customers.

FCA Treating Customers Fairly Principles: Core principles ensuring fair treatment of customers in financial services, particularly important in hardship cases.

MCOB 13: Specific section of FCA Handbook dealing with arrears, payment shortfalls and repossessions in mortgage lending.

UK Finance Lending Code: Industry guidelines for good lending practice and treatment of customers in financial difficulty.

Pre-Action Protocol for Possession Claims: Legal protocol that must be followed before initiating possession proceedings for mortgaged properties.

UK GDPR: Post-Brexit data protection regulation ensuring proper handling of personal data in financial services.

Data Protection Act 2018: UK legislation implementing data protection requirements, crucial for handling personal financial information.

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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