No Consent, No Sale – Any Hope?
According to the latest data released by the Central Bank of Ireland (the Central Bank), non-bank entities held 84,658 home mortgages up to the end of 2018, of which 25,469 are held by unregulated loan owners. While a larger percentage of these loans are in late stage mortgage arrears than those held by banks, an increasing proportion are not in arrears. Borrowers who made the decision to enter into one of the most major contracts of their lives, the mortgage on their home, may not be aware of who owns that mortgage and what, if any, protections they have if they get into difficulty making payments. The Oireachtas is currently considering the No Consent, No Sale Bill 2019 which aims to curb mortgage transfers without the consent of the borrower, with some saying it’s a step too far and will damage the banking industry. But what about the borrowers? In terms of consumer protection, does it go far enough?