Dáil Éireann Debate, Thursday - 21 March 2013
38. Deputy Dessie Ellis asked the Minister for Finance his views on whether it is acceptable that a State-owned bank is forcing mortgage holders to sign non-disclosure clauses which contain indefinite time periods of confidentiality before the bank will engage in mortgage restructuring discussions with the mortgage holder. [14077/13]
View answerWhile details of any mortgage restructuring agreements are a matter for each individual bank and borrower, the Central Bank has advised that such agreements should not impede consumer’s protections under the Code of Conduct on Mortgage Arrears (CCMA), for example at the borrower’s request and with the borrower’s written consent, the lender must liaise with a third party nominated by the borrower to act on his/her behalf in relation to his/her arrears situation (Provision 6 of the CCMA); where an alternative arrangement is offered by a lender, the lender must provide the borrower with a clear explanation, in writing, of the alternative repayment arrangement, including the borrower must be advised to take appropriate independent legal and/or financial advice (Provision 37 (g) of the CCMA) or the borrowers right to refer appeals to the Financial Services Ombudsman (Provision 44 (e) of the CCMA).
