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Mortgage Reinstatement Request Letter for the United Kingdom

Mortgage Reinstatement Request Letter Template for England and Wales

A Mortgage Reinstatement Request Letter is a formal communication under English and Welsh law from a borrower to their mortgage lender requesting the reinstatement of a mortgage that has fallen into arrears or default. The letter typically outlines the borrower's current financial situation, explains any hardship circumstances, and proposes a detailed plan for bringing the mortgage back into good standing. It must comply with FCA regulations and the Pre-Action Protocol for Possession Claims.

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Mortgage Reinstatement Request Letter

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What is a Mortgage Reinstatement Request Letter?

The Mortgage Reinstatement Request Letter is a crucial document used when a borrower seeks to restore their mortgage to good standing after falling into arrears. This document, governed by English and Welsh law, serves as a formal application to the lender demonstrating the borrower's commitment and ability to resume regular payments and address any outstanding arrears. It typically includes detailed financial information, explanation of circumstances leading to default, and a structured repayment proposal. The letter must align with FCA guidelines and mortgage conduct rules, forming part of the formal record of communication between borrower and lender.

What sections should be included in a Mortgage Reinstatement Request Letter?

1. Personal Information Block: Account number, property address, borrower details, and date

2. Current Situation: Description of current mortgage status including details of arrears and payment history

3. Reinstatement Request: Formal request to reinstate the mortgage with specific reference to relevant regulations

4. Payment Proposal: Detailed plan for clearing arrears and maintaining future payments

5. Financial Information: Current income and expenditure details demonstrating ability to maintain payments

What sections are optional to include in a Mortgage Reinstatement Request Letter?

1. Hardship Explanation: Explanation of circumstances that led to mortgage difficulties, including any temporary setbacks

2. Third Party Authorization: Section authorizing a third party (such as a debt advisor) to act on borrower's behalf

3. Reference to Supporting Documentation: Section listing and describing any enclosed supporting documents or evidence

What schedules should be included in a Mortgage Reinstatement Request Letter?

1. Income Evidence Schedule: Collection of documents proving current income (payslips, bank statements, etc.)

2. Expenditure Schedule: Detailed breakdown of monthly expenses and financial commitments

3. Supporting Documentation Schedule: Additional evidence such as medical certificates or employment contracts if applicable

Authors

Alex Denne

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

Jurisdiction

England and Wales

Document Type

Mortgage Document

Cost

Free to use
Relevant legal definitions
































Clauses


























Industries

Financial Services and Markets Act 2000: Primary legislation governing financial services regulation in the UK, including mortgage lending and consumer protection in financial services

Consumer Credit Act 1974: Regulates credit agreements and provides consumer protection in credit transactions, including certain aspects of mortgage agreements

Law of Property Act 1925: Fundamental legislation governing property law in England and Wales, including mortgage law and property rights

Mortgage Credit Directive Order 2015: Implements EU rules on mortgage credit, setting standards for mortgage lending and borrower protection

FCA Mortgage Conduct of Business Rules (MCOB): Regulatory framework specifying how mortgage lenders must treat customers and handle mortgage-related processes

FCA's Treating Customers Fairly (TCF) principles: Core principles ensuring fair treatment of customers by financial services firms, including mortgage lenders

Mortgages and Home Finance: Conduct of Business sourcebook: Detailed rules and guidance for mortgage lenders on business conduct and customer treatment

Consumer Rights Act 2015: Consolidates consumer protection law, including unfair terms in consumer contracts and transparency requirements

Financial Services (Distance Marketing) Regulations 2004: Regulates the remote marketing and selling of financial services, including mortgages

Unfair Terms in Consumer Contracts Regulations 1999: Protects consumers against unfair standard terms in contracts, including mortgage agreements

Pre-Action Protocol for Possession Claims: Sets out steps that mortgage lenders must take before starting possession proceedings, including requirements for communication with borrowers

UK General Data Protection Regulation (UK GDPR): Governs the processing of personal data, including requirements for handling borrower information in mortgage transactions

Data Protection Act 2018: Implements and supplements the UK GDPR, providing additional requirements for personal data protection

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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