In 2024 the UK experienced a significant surge in repossession claims, marking a concerning trend for homeowners, landlords, and tenants alike.
The increase is likely a consequence of economic pressures, high interest rates, policy changes, and the legacy of the pandemic. It can also occur where the property owner has sadly passed away and the lender ends up taking possession before the property can be sold by the legal personal representative of their estate.
We are seeing many lenders having a lot less patience than before, entering possession proceedings much quicker and not always accepting reasons for delays that they previously did. Although, it is worth remembering they do still have an obligation to act reasonably and in accordance with the Mortgage Conduct of Business (MCOB) rules. Communication with the lender is always key. It is often the lack of communication that can hasten the repossession.
But what happens to any funds left over where the sale proceeds exceed the amount owed?
Taylor Emmet deal with many cases where the property owner has effectively walked away from the property after the start of the repossession process only to later find out that funds are still due to them from any surplus balance held. Often the property owner will be completely unaware of the funds due and even more so when it is due to a deceased property owner’s estate.
Where the lender is no longer in contact with the property owner or their successors, the surplus fund can end up getting paid into the Court Funds Office (‘CFO’).
The CFO is a government body responsible for holding and managing funds in cases where the owner of those funds is not immediately available.
The funds will remain in the CFO account until the persons entitled submit a successful claim to retrieve them. Thankfully the funds will still attract interest until payment.
If the lender no longer has an interest in the funds held by the CFO then the claim process is often much easier to navigate when it is uncontested.
Following a relatively recent change in the rules, with effect from 1st June 2024 all unclaimed accounts which have been dormant for 30 years or more will be surrendered and the right to claim the monies will be extinguished.
It’s therefore essential to act promptly if you believe you have unclaimed funds held by the CFO.
The award-winning Inheritance Tracing team at Taylor Emmet have a proven track record of tracing and claiming monies held by the CFO for their clients.
If you believe you have unclaimed funds held by the CFO please contact our Inheritance Tracing Team.