Interest charged on mortgage arrears

Twiggy24

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We had out mortgage with BOI who last year sold it to a vulture fund. We were in arrears due to personal circumstances. Whenever we got a notice about a non payment or a shortfall payment from BOI it was phrased like the following as an example in Sept 2023:
Mortgage account number: xxxxxxx
Date it fell into arrears: 17/12/2012
Number of missed payments: 30.84
Arrears: €36,337.19
Current mortgage rate : 5.5% per annum
Interest rate applying to the arrears: 0%
We had good years and bad years since 2012 but we were not ignoring the bank and engaged with them at all times. So, there have been a few alternative arrangements set up over the years. When I read the letters as outlined above, I honestly thought that the BOI were not charging interest on any of our arrears because in my head that the €36,337.19 had already had the interest added to it, prior to being in the arrears column. My apologies if it sounds confusing, I don't know what other way to put it.
Fast forward to being with the vulture fund. BOI charge their interest quarterly and their last one was on 27/9/2023. They then added additional interest on 2/10/2023 and closed the account on the same day. The transfer to the vulture fund was on 2/10/2023.
Two situations happened. the first is that the vulture fund charges interest on a monthly basis and their statements show the 5.5%, [now 5.75%] interest on two line items one for the interest accrual on Principal and the second Interest accrual on PriArrears.
When I questioned the interest on arrears on the vulture fund's statement, I was told that BOI also charged it and that they can charge interest on the arrears, they just can't charge an additional interest on top of that.

The full balance on the mortgage when sold was €165806.80 [Including arrears of €36,337.19] end of Sept 2023
Our monthly payment @ 5.5% was €1696.50
We paid a total of €6600 - October 2023 to end of Feb 2024

Yet our balance shows as the following on their 29/02/2024 statement
Total balance outstanding on your mortgage €162,991.63
Overdue mortgage payments €38,219.69
Interest on Overdue payments €852.63
Total sum of payment shortfall €39072.32

Are the above figures correct? As in do the calculations make any sense that someone can spell it out in layman terms for me? I can't wrap my head around paying €6600 and the outstanding mortgage balance only going down by €2815.17. I understand the interest rates are high right now and that we do have the build up of arrears

I also discovered when I looked at the 2023 Interest certificates from both BOI and Vulture fund that, the vulture fund charged interest on the account on 1st Oct, 2023, the day before it was officially handed over to them, but the interest certificate from them does not show this additional interest being charged.
Thanks in advance for any clarity you can give to me.
 
Here is how I answered the same question from a financial advisor.

The underlying calculations by both Bank of Ireland and Mars are correct.

Different banks (and people) use different terminology and so it can be very confusing.

But all banks charge interest in the same way. (Irish Nationwide used to charge additional interest on the arrears amount. And mortgage contracts still allow this, but none charges it. It is charged on commercial loans.)

The arrears figure is just a notional figure of missed repayments.

Interest is charged on the balance of the mortgage.

Say that my mortgage balance should be €300k.
But it's actually €400k because I am €100k in arrears.

Interest is charged on the €400k.

It would be perverse to charge interest on the €300k but not on the €100k arrears.
Then people could just stop paying their mortgage and get the same benefit as if they had paid their mortgage.

Some people don't understand that capitalisation of arrears means absolutely nothing as far as the mortgage balance is concerned. The balance remains the same.

So your client's interest was charged correctly.

So do they have a case that the letters were contradictory or confusing?

I don't think so because your client has not lost out as a result.

Bank of Ireland might be vulnerable to a challenge on that wording "interest rate applying to arrears : 0%"

Mars' explanation "interest is charged on the overall balance which includes the arrears amount" is a better description of it.

I would change the BoI's Arrears letter to say

"Interest is charged on the overall balance which includes the arrears amount. No additional interest is charged on the arrears."
 
The full balance on the mortgage when sold was €165806.80 [Including arrears of €36,337.19] end of Sept 2023

Applying the above reasoning to your case.

The total monthly interest should be €165k @ 5.5% = c. €9,000 a year or €750 a month.

I am guessing that they show this as
Interest on principal: €600 a month
interest on arrears: €165 a month.
 
October 2023 to end of Feb 2024

I can't wrap my head around paying €6600 and the outstanding mortgage balance only going down by €2815.17.

Your monthly payment was €1,696.50

So that is about 4 months of repayments.

The interest is around €750

So you appear to be paying about €950 capital per month.

So for 4 months, the balance should have gone down by about €3,800

But I am shooting in the dark.

As you have the statements you can check them easily enough yourself

 
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Hi Brendan
Thanks for your detailed reply. The BOI's wording was misleading whether by intent or not and had given me unearned breathing room at the time which is now coming back to haunt me. The certificate of Interest sent by the Vulture fund was incorrect along with the annual statement they sent., because they had the start date of 3/10/2023 on it.
However, when I questioned it, I was sent a different type of statement which had the opening balance date of 31/8/2023 and interest charged on 1/10/23 totalling €774.52. BOI have the transfer date of our account as 2/10/23 and so does the vulture fund. I wasn't informed that they charge their interest a month ahead of time, nor that they are able to backdate the account to dates before it transferred to them.
I'll look into the link you posted. Thanks again.
 
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