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Mortgage arrears protocol

The standard form checklist for use in all cases to which the Pre-Action Protocol for Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property applies is in Form N123, which has guidance notes attached.

Claimant lenders are required to present two copies of Form N123 when attending first hearings of claims. The Form contains a number of questions claimant lenders must answer to explain to the court the actions they have taken. The Form also contains a statement of truth; and care should be taken to ensure that it is signed by someone who is able to confirm the truth of the facts stated. In practice, this is probably best dealt with by an officer of the claimant lender, rather than a solicitor agent on the day.

Mortgage possession proceedings are governed by CPR Part 55, see in particular Part 55.10, and PD 55A, para 2.5; and PD 55B in relation to possession claims online.

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