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MCOB 13.1 Application

Who?

MCOB 13.1.1R

This chapter applies to a firm in a category listed in column (1) of the table in MCOB 13.1.2 R in accordance with column (2) of that table.

MCOB 13.1.2R

Table: This table belongs to MCOB 13.1.1 R

(1) Category of firm

(2) Applicable section

mortgage lender, and a firm that was a mortgage lender before the sale of a repossessed property

MCOB 13.1-MCOB 13.3, except for MCOB 13.3.9 R to MCOB 13.3.11 G1

1

mortgage administrator, and a firm that was a mortgage administrator before the sale of a repossessed property

whole chapter except for MCOB 13.81

1home purchase provider, and a firm that was a home purchase provider before the sale of a repossessed property

As for a mortgage lender

1home purchase administrator, and a firm that was a home purchase administrator before the sale of a repossessed property

As for a mortgage lender, plus: MCOB 13.6 and MCOB 13.8; and MCOB 13.4 and MCOB 13.5 in accordance with MCOB 13.8

What?

MCOB 13.1.3R
MCOB 13.1.4R

The requirements in this chapter1will continue to apply to a firm after a regulated mortgage contract or home purchase plan 1has come to an end following the sale of a repossessed property. References in this chapter to "customer" will include references to a former customer as appropriate.

1
MCOB 13.1.5G

The FCA expects a firm to treat a sale shortfall in the same way that it treats a payment shortfall.2

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MCOB 13.1.6G

A firm may have entered into a mix of regulated mortgage contracts and non-regulated mortgage contracts with a customer secured on the same property. In such circumstances, if the regulated mortgage contract is in arrears, notwithstanding that the overall position in respect of the mortgages generally is not in arrears, the firm will need to comply with all the requirements of MCOB 13 in respect to the regulated mortgage contract. Where this involves providing the customer with information, a firm should explain, if it is the case, that whilst the overall position on the mortgages is not in arrears, no action will be taken in respect of the regulated mortgage contract.

MCOB 13.1.7G

If a firm has entered into more than one regulated mortgage contract or home purchase plan 1with the same customer relating to1the same property, the firm may treat them1 all as one for the purposes of this chapter1.

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