The Notice of Intent to Foreclose is a crucial document in Irish mortgage enforcement proceedings, typically issued when a borrower has fallen into significant arrears on their mortgage payments. This notice must be issued in compliance with the Code of Conduct on Mortgage Arrears (CCMA) and other relevant Irish banking regulations before any formal foreclosure proceedings can begin. The document serves multiple purposes: it formally notifies the borrower of the default, specifies the required actions to remedy the situation, outlines the consequences of continued default, and informs the borrower of their rights and options under Irish law. It must include specific information about the loan, property, and default situation, while also providing clear instructions for how the borrower can respond or seek assistance. The notice represents a critical juncture in the mortgage enforcement process, balancing the lender's rights with mandatory borrower protections under Irish consumer protection legislation.
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1. Lender Information: Full legal name and contact details of the lending institution
2. Borrower Information: Full name(s) and address of the borrower(s)
3. Property Details: Complete address and description of the mortgaged property
4. Loan Information: Loan account number, original loan amount, and current outstanding balance
5. Default Details: Specific information about the nature of the default, including amount in arrears and duration
6. Legal Basis: Citation of relevant legal authority and contractual provisions allowing for foreclosure
7. Required Action: Clear statement of what the borrower must do to cure the default and deadline for action
8. Consequence Statement: Description of what will happen if the default is not cured
9. Rights Notice: Statement of borrower's legal rights and available options under Irish law
10. Contact Instructions: How to contact the lender to discuss the situation or arrange payment
1. Payment History Summary: Detailed summary of payment history - include when there's a dispute about payment records
2. MARP Status: Details about Mortgage Arrears Resolution Process status - include if the borrower is already in MARP
3. Prior Communications: Summary of previous attempts to resolve the situation - include if there have been previous arrangements or discussions
4. Alternative Arrangements: Available alternative repayment arrangements - include if specific options are available to the borrower
5. Third Party Authorization: Reference to any authorized representatives - include if a third party is legally representing the borrower
1. Schedule A - Loan Statement: Detailed statement showing the loan balance, payments received, and arrears calculation
2. Schedule B - Payment History: Comprehensive payment history for the preceding 12 months
3. Schedule C - MARP Information Booklet: Information about the Mortgage Arrears Resolution Process and available options
4. Appendix 1 - Contact Information: Complete list of relevant contact details including specialist arrears support unit
5. Appendix 2 - Required Forms: Any forms the borrower needs to complete, such as Standard Financial Statement
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