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The document cites the legislative basis under Irish Central Bank Acts, specifies when the code is effective, and describes the application scope to regulated entities and primary residence mortgage 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1-2 |\n|  |  |  |\n| 2 | Definitions | 3-6 |\n|  |  |  |\n| 3 | Provisions |  |\n|  | 􀁸 General | 7-8 |\n|  | 􀁸 Provision of Information | 8-11 |\n|  | 􀁸 Mortgage Arrears Resolution Process | 11 |\n|  | STEP 1: Communication with Borrowers | 11-16 |\n|  | STEP 2: Financial Information | 16 |\n|  | STEP 3: Assessment | 16-17 |\n|  | STEP 4: Resolution | 17-21 |\n|  | 􀁸 Appeals | 22-23 |\n|  | 􀁸 Repossessions | 23-24 |\n|  | 􀁸 Records and Compliance | 25 |\n|  |  |  |\n| Appendix 1 | Standard Financial Statement | 26-36 |\n|  |  |  |\n\nCHAPTER 1  \nSCOPE  \nINTRODUCTION  \nThis Code sets out how mortgage lenders (referred to in this document as “lenders”) must treat borrowers in or facing mortgage arrears, with due regard to the fact that each case of mortgage arrears is unique and needs to be considered on its own merits. This Code sets out the framework that lenders must use when dealing with borrowers in mortgage arrears or in pre-arrears. All such cases must be handled sympathetically and positively by the lender, with the objective at all times of assisting the borrower to meet his/her mortgage obligations.  \nThis Code acknowledges that it is in the interests of both the lender and the borrower to address financial difficulties as speedily and as effectively as circumstances allow.  \nLEGISLATIVE BASIS  \nThis Code is issued under Section 117 of the Central Bank Act 1989.  \nThe Central Bank of Ireland has the power to administer sanctions for a contravention of this Code, under Part IIIC of the Central Bank Act 1942.  \nLenders are reminded that they are required to comply with this Code as a matter of law.  \nThis Code is effective from 1 July 2013.  \nThis Code replaces the previous Code of Conduct on Mortgage Arrears which became effective on the 1 January 2011.  \nAny right acquired, or obligation or liability incurred, in respect of a contravention of, or act of misconduct under, the previous code survives the replacement of the previous code with this Code. Therefore, any legal proceedings, investigation, disciplinary or enforcement action in respect of a contravention of, or act of misconduct under, the provisions of the previous code in force at the time the contravention or act of misconduct occurred, may be instituted, continued or enforced, and any sanction or  \npenalty in respect of such contravention or act of misconduct may be imposed by the Central Bank of Ireland as if the provisions of the previous code had not been replaced.  \nAPPLICATION OF THIS CODE  \nThis Code applies to the mortgage lending activities of all regulated entities, except credit unions, operating in the State, including:  \n- a financial services provider authorised, registered or licensed by the Central Bank of Ireland; and  \n- a financial services provider authorised, registered or licensed in another EU or EEA Member State and which has provided, or is providing, mortgage lending activities in the State.  \nThis Code applies to the mortgage loan of a borrower which is secured by his/her primary residence.  \nLenders must apply the protections of the Code to borrowers in the following circumstances:  \n(i) Borrowers in arrears and in pre-arrears; and  \n(ii) In the case of joint borrowers who notify the lender in writing that they have separated or divorced, the lender should treat each borrower as a single borrower under this Code (except to the extent that an action requires, as a matter of law, the agreement of both borrowers) .  \nWhen dealing with borrowers in arrears or in pre-arrears, mortgage lenders are not required to comply with the following provisions of the Consumer Protection Code 2012:  \nChapter 6, Post-sale information requirements: Provisions 6.8 and 6.9  \nChapter 8, Arrears handling: All provisions  \nFor the purposes of sections 52(3)(c), 91(1)(g) and 91(2) of the Personal Insolvency Act 2012, the Mortgage Arrears Resolution Process is a process relating to m","cbCaicwI42lUWRD8","https://ap.wps.com/l/cbCaicwI42lUWRD8","pdf",1145979,"English","# Chapter 1 Scope\n## Introduction\n## Legislative basis\n## Application of this Code\n# Chapter 2 Definitions","[{\"question\":\"What is the purpose of the mortgage arrears code?\",\"answer\":\"It sets out how mortgage lenders must treat borrowers in mortgage arrears or pre-arrears, using a framework aimed at assisting borrowers to meet their mortgage obligations.\"},{\"question\":\"When does the code take effect and what does it replace?\",\"answer\":\"The code is effective from 1 July 2013 and replaces the previous Code of Conduct on Mortgage Arrears that became effective on 1 January 2011.\"},{\"question\":\"Who is covered by the code?\",\"answer\":\"It applies to mortgage lending activities of all regulated entities in the State (except credit unions), including lenders authorised or licensed by the Central Bank of Ireland or in another EU/EEA member state and operating in the State.\"}]","Mortgage Arrears Code - Chapter 1 Scope | PDF",1791049021,101]