What are mortgage prisoners in the UK?

Summary

The article explores the issue of mortgage prisoners in the UK, a group of homeowners who are unable to switch to better mortgage deals despite keeping up with payments. This problem began after the 2008 financial crisis when many mortgage lenders either collapsed or stopped offering new products. As a result, mortgage prisoners are often trapped with inactive lenders or unfavorable terms, and new regulatory measures have made it difficult for them to refinance.
The UK government and regulatory bodies like the Financial Conduct Authority (FCA) have introduced initiatives to support mortgage prisoners, including relaxed affordability tests and urging lenders to offer better deals. However, these measures have had limited success, and many mortgage prisoners continue to face significant financial challenges. The issue has sparked discussions in Parliament, with calls for more action to address the plight of these borrowers.
In addition, advocacy groups have lobbied for further reforms, and some mortgage prisoners have taken legal action against their lenders. Despite efforts, the situation remains complex, and solutions are still being developed to provide relief for these affected homeowners.

Mortgage prisoners are homeowners who are unable to switch to a better mortgage deal, even though they are keeping up with their payments. This situation often occurs because they are trapped with an inactive or non-regulated lender that no longer offers new products or because the terms of their existing mortgage are unfavorable. Despite their ability to pay, these individuals cannot move to more competitive deal due to stricter lending criteria or regulatory restrictions.


2. Why are mortgage prisoners unable to switch mortgages?

Mortgage prisoners face difficulties in switching their mortgages due to several factors:

  • Stricter Affordability Tests: Following the 2008 financial crisis, stricter lending rules were introduced, making it harder for borrowers, particularly those with high loan-to-value ratios or irregular income, to qualify for new deals.
  • Inactive Lenders: Many mortgage prisoners’ loans are held by inactive firms or companies that do not offer new mortgage products. These companies are often not regulated to provide new lending, leaving borrowers with limited options.
  • Limited Equity or High Loan Balances: Some mortgage prisoners have high loan-to-value ratios, meaning they owe more than the value of their property, which limits their ability to refinance or move to another lender.


3. How did the mortgage prisoner crisis start in the UK?

The mortgage prisoner crisis began as a consequence of the 2008 global financial crisis. Several banks and building societies that held mortgages in the UK either went into liquidation or stopped offering new products. The UK government created UK Asset Resolution (UKAR) to manage the mortgage portfolios of these failed institutions. When these portfolios were sold to private investors or smaller firms, many of the mortgage holders were left unable to switch to more favorable deals due to stricter lending criteria and the fact that the new owners of their mortgages were not offering new deals.


4. What actions have the UK government taken to address mortgage prisoners?

The UK government has implemented several measures over the years to help mortgage prisoners:

  • Affordable Lending Frameworks: The Financial Conduct Authority (FCA) has introduced modified affordability tests for mortgage prisoners to help them move to more suitable mortgages.
  • Supportive Measures (2020): The government acknowledged the issue and began encouraging lenders to explore solutions, such as relaxing lending rules for mortgage prisoners.
  • Financial Services Act 2021: The government and Parliament have debated provisions in legislation to offer more tailored support for mortgage prisoners, but some argue that the changes have not gone far enough.


5. How many mortgage prisoners are there in the UK?

While the exact number varies, it is estimated that tens of thousands of people in the UK are mortgage prisoners. According to a 2021 Financial Conduct Authority (FCA) report, approximately 250,000 homeowners are considered to be in this situation, though the number can fluctuate depending on market conditions and regulatory changes.


6. What are the potential solutions for mortgage prisoners in the UK?

Several potential solutions have been proposed:

  • Lender Action: Encouraging lenders who manage mortgage portfolios to offer more competitive refinancing options to mortgage prisoners.
  • Government Initiatives: More government-backed schemes, such as the Help to Buy scheme, which could be adapted for mortgage prisoners.
  • Revised Affordability Rules: Some advocacy groups suggest that the affordability assessments used by lenders could be relaxed, allowing mortgage prisoners to access new deals.
  • Legal Remedies: In some cases, mortgage prisoners have pursued legal action, seeking to challenge the terms of their mortgages or to force lenders to offer better options.


7. What impact has the mortgage prisoner issue had on the housing market?

The mortgage prisoner issue has had a significant impact on the housing market, especially for those affected:

  • Stagnant Homeownership: Many mortgage prisoners cannot move house because their mortgage terms are tied to the specific lender, meaning they are unable to sell or buy a new property easily.
  • Reduced Consumer Confidence: The difficulty in accessing better deals has led to frustration, and some mortgage prisoners are at risk of falling into arrears if their circumstances change (e.g., due to interest rate hikes).
  • Reduced Property Mobility: The overall market mobility in the UK housing sector is affected, as mortgage prisoners may be reluctant to sell their homes or seek better mortgage deals.


8. Can mortgage prisoners take legal action?

Yes, some mortgage prisoners have sought legal action to challenge their situation. This includes:

  • Legal Challenges Against Lenders: Some mortgage prisoners have filed lawsuits against their lenders, arguing that they have been unfairly treated or denied the opportunity to switch to better deals.
  • Regulatory Complaints: Affected homeowners can file complaints with the Financial Ombudsman or the Financial Conduct Authority if they believe their lender is acting unfairly.

9. What is being done by the Financial Conduct Authority (FCA) to help mortgage prisoners?

The Financial Conduct Authority (FCA) has conducted reviews and consultations to address the plight of mortgage prisoners. Key actions include:

  • Modified Affordability Rules: The FCA has implemented changes to make it easier for mortgage prisoners to qualify for new deals with different lenders.
  • Guidance for Lenders: The FCA has provided guidance for lenders, urging them to consider alternative options for mortgage prisoners, such as offering them more favorable terms based on their payment history.

10. What are the main challenges in resolving the mortgage prisoner issue?

The main challenges in resolving the mortgage prisoner issue include:

  • Lender Inactivity: Many of the mortgage prisoners are with lenders who are no longer actively participating in the market, limiting options.
  • Regulatory Constraints: Regulatory rules on affordability and loan-to-value ratios remain strict, which prevents many mortgage prisoners from refinancing even if they are capable of doing so.
  • Complexity of the Issue: The mortgage prisoner situation is complex, involving multiple stakeholders, including inactive lenders, regulatory bodies, and consumers, which makes finding a clear and simple solution challenging.

If you or someone you know is currently a mortgage prisoner and facing challenges in switching to a better deal, we want to hear from you. Your story could help bring more attention to this important issue and provide valuable insights into the experiences of those affected. Please email us at hello@housesandproperties.com with your personal account or any questions you may have. Together, we can raise awareness and work towards finding solutions for mortgage prisoners in the UK.