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Rating policy on repossessed property

Maria O Callaghan made this Freedom of Information request to Department of Finance (Northern Ireland)

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Maria O Callaghan

Dear Department of Finance and Personnel (Northern Ireland),

Can you please outline in detail how( and to whom) rates are apportioned in the event of a property being repossessed?
Please give links to the relevant applicable law /s in your reply, including relevant timelines relating to same.

Yours faithfully,

Maria O Callaghan

LPSNI, InformationManager,

2 Attachments

Ms O’Callaghan,

 

Please find attached acknowledgment to your recent information request and
a copy of LPS Information Leaflet for your information.

 

Kind regards

Angela

LPSNI, InformationManager,

2 Attachments

Maria

 

Please see attached the response to your Freedom of Information request. I
apologise on the delay. Also attached is the public information leaflet
for your information.

 

Regards

 

Michael Thompson
Information Management Unit
Business Services Directorate
Land & Property Services
Department of Finance and Personnel
Lanyon Plaza
7 Lanyon Place
Belfast, BT1 3LP

Tel: 028 9033 6111 (ext: 56111)

Web: www.dfpni.gov.uk/lps

Maria O Callaghan

Dear LPSNI, InformationManager,

Re your previous reply.

Can you please define what date LPSNI deem as the date of "repossession" precisely.

Yours sincerely,

Maria O Callaghan

LPSNI, InformationManager,

Maria

I do not know what you refer to as "what date LPSNI deem as the date of "repossession" precisely" in reference to your February FOIA request, as this phrase was not used in the response.

Could you please expand and clarify.

regards

Michael Thompson
Information Management Unit
Business Services Directorate
Land & Property Services
Department of Finance and Personnel
Lanyon Plaza
7 Lanyon Place
Belfast, BT1 3LP

Tel: 028 9033 6111 (ext: 56111)

Web: www.dfpni.gov.uk/lps

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Dear LPSNI, Information Manager,

My request is a simple one.
Is the date of the date of "repossession" previously referred to in your reply defined as one of the following for your purposes:

(A) The date a repossession order was granted by the court.
(B) The date the house was deemed secured by the lender and how is this confirmed.
(C) Other-Please give exact details including any form information ( number) used for this purpose and how exactly this is confirmed as fact.

Yours sincerely,

Maria O Callaghan

LPSNI, InformationManager,

Maria

To determine rating liability Land & Property Services (LPS) will use the date of repossession provided by the banking institution/mortgage lender.

Once LPS are informed of a confirmed repossession by the banking institution / mortgage lender or their legal representatives. LPS will open an account in the relevant banking institution name and issue a rate demand. The rate demand will cover the period from the date of repossession supplied by the lender to the end of that financial year, i.e. 31 March.

I hope this clarifies matter.

Regards

Michael Thompson
Information Management Unit
Business Services Directorate
Land & Property Services
Department of Finance and Personnel
Lanyon Plaza
7 Lanyon Place
Belfast, BT1 3LP

Tel: 028 9033 6111 (ext: 56111)

Web: www.dfpni.gov.uk/lps

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Dear LPSNI, Information Manager,

Your previous reply was merely a repetition of previous information provided and did not answer the question asked : ".Once LPS are informed of a confirmed repossession by the banking institution / mortgage lender or their legal representatives. LPS will open an account in the relevant banking institution name and issue a rate demand. The rate demand will cover the period from the date of repossession supplied by the lender to the end of that financial year, i.e. 31 March."-All repetition.

Re this line:"To determine rating liability Land & Property Services (LPS) will use the date of repossession provided by the banking institution/mortgage lender."

Please advise (A) what actions you take to confirm this date as fact ,if any.
(B) What date do you take this to be for your records?
Is it the date the court gave the order or another? ( please clarify in detail)

Yours sincerely,

Maria O Callaghan

LPSNI, InformationManager,

Ms O'Callaghan

Question (A) what actions you take to confirm this date as fact, if any

Answer- LPS accepts the date provided by the mortgage lender/bank institution as correct.

Question (B) What date do you take this to be for your records? Is it the date the court gave the order or another? (Please clarify in detail)

Answer - The actual granting of an order for possession by the high court is not the same as having obtained possession, it only entitles the banks/lending institutions to apply to the Enforcement of Judgments Office to enforce the possession order to actually obtain possession. In addition, a financial institution does not need an order for possession to take possession of a property.

As there are a number of ways possession can be obtained, LPS will only accept confirmation from the financial institutions of actual physical possession of a property; that is, the date the property is secured and the locks changed.

I hope this response is satisfactory.

N McGrath
Information Management Unit
Land & Property Services
Department of Finance and Personnel

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