Mortgage shortfall

We have a team of experienced lawyers in dealing with mortgage shortfall recoveries who can provide practical, commercial and succinct advice across the entire range of issues that lenders may meet. These issues range from the simple and pragmatic, such as locating a customer and taking steps to effect service to dealing with the technical and complex, such as a defence on the grounds of sale an at undervalue.

Each case is reviewed on an individual basis to ensure:

• We identify at the earliest opportunity the known circumstances of the customer so we use the best method of enforcement e.g. does the customer own their own property? Are they in employment?
• We actively consider your legal opportunities to start proceedings where no Judgment has already been obtained and/or take enforcement action where necessary.
• We attempt to re-establish contact with the customer for voluntary payments or to negotiate a reduced lump sum settlement.
• We submit our recommendations to you for possible litigation action having considered the amount of the shortfall debt, the customer’s circumstances together with our recommendations for enforcement action.

In addition to the legal advice we can provide, we operate within the Financial Conduct Authority’s (FCA) industry guidelines and are compliant with the FCA’s Consumer Credit Sourcebook (CONC) and FCA’s Mortgage Code of Business (MCOB13). Additionally, we have developed training policies and procedures to ensure compliance wherever required with the above and in particular the Lending Code and the principle of Treating Customers Fairly.

For further information about our mortgage shortfall recovery services please complete the request a call back form. Alternatively, you can call us on 03300 945 100 or speak to one of our partners directly.