Mortgagees should be aware that from 5 October 2015 new versions of forms N120 (Particulars of Claim for Mortgages Residential Premises) and N123 (Mortgage Pre-action Protocol Checklist) have been released. They should shortly be uploaded to the HM Courts and Tribunals Service form finder.
The changes are made in order to cater for changes made to the pre-action protocol in April.
Form N123 – Mortgage Pre-action Protocol Checklist
There is some renumbering throughout the new form in order to accord with the revised pre-action protocol for possession proceedings.
Lenders must now state when they provided the Defendant with information about the arrears, the total outstanding under the mortgage and whether interest and/or charges have been added to the arrears in paragraph 2(c) of the form.
At paragraph 7, the form now requires lenders to complete a new section confirming what steps they have taken to check whether there is a tenant in occupation of the property and whether the tenant was authorised by the mortgagee. The lender is asked to confirm what order it is seeking in light of the information obtained in connection with the tenant.
Form N120 (Particulars of Claim for Possession (mortgaged residential premises)
The new version of the form has also been amended to deal with tenancies. Paragraph 10 asks whether any known tenancy has been authorised by the lender and if so, it requests that the lender confirms what steps if any should be taken in respect of the tenancy.
The forms are in a draft state at present and should be released on to the HM Courts and Tribunals Service site soon and also, it would seem, versions will be adapted on the Possession Claims Online (PCOL) service shortly.