Irish Independent

Mortgage arrears spiked after court blocked evictions

‘Moral hazard’ removed incentive to keep paying

- Charlie Weston Personal Finance Editor

THOUSANDS of people stopped paying their mortgages when the courts blocked banks from repossessi­ng properties, a new report confirms.

These homeowners could have continued to pay, but went into arrears instead as they saw no risking of losing their home, a Central Bank paper says.

The new paper found a direct link between a 2011 High Court judgment, which blocked repossessi­ons for a number of years, and more defaults.

The judgment meant banks could not repossess homes – so some felt there was no incentive for people to keep paying.

The controvers­ial findings of the academic paper are set to reopen bitter arguments.

Conclusion­s in the study appear to lend credence to the moral hazard argument – that taking away the risk of repossessi­on will increase the incentive for people to stop paying.

The paper by economist Terry O’Malley finds the so-called Dunne judgment in 2011 led to a spike in arrears.

The ruling effectivel­y removed the banks’ ability to repossess homes, until new legislatio­n was introduced.

“Analysing mortgage arrears patterns before and after the Dunne judgment in Ireland, I show that borrowers defaulted after the judgment at a higher rate than they otherwise would have,” the Central Bank economist states. The default rate was found to have been 0.5pc higher on average in each quarter after the judgment than would have been otherwise expected.

THOUSANDS of people stopped paying their mortgages when the courts blocked banks repossessi­ng properties, it has emerged.

These people could have continued to pay, but went into arrears instead as they saw no risk of losing their homes, a Central Bank paper says.

The new paper found a direct link between a 2011 High Court judgment, which blocked repossessi­ons for a number of years, and more people defaulting.

The judgment meant banks could not repossess homes – so some felt there was no incentive for people to keep paying.

The controvers­ial findings of the academic paper are set to reopen bitter arguments.

Conclusion­s in the study appear to lend credence to the moral hazard argument – taking away the risk of repossessi­on will increase the incentive for people to stop paying.

This country has some of the highest arrears levels in the eurozone, with close to 51,000 residentia­l mortgage accounts currently more than three months in arrears – equivalent to the population of Waterford city.

Banks have been insisting that the difficulty in getting a repossessi­on orders is one of the reasons that arrears levels are so high. But debt campaigner­s argue that so-called strategic default levels are exaggerate­d by the lenders.

They say most people will try to pay as they feel they have a moral and social responsibi­lity to do so.

“Strategic mortgage default” refers to people who can pay their mortgage but decide not to do so as there is no consequenc­es for going into arrears.

Defaulted

The paper by economist Terry O’Malley finds the so-called Dunne judgment in 2011, which put a halt to repossessi­ons, led to a spike in arrears.

The ruling effectivel­y removed the banks’ ability to repossess homes, until new legislatio­n was introduced.

There is a clear link between the judgment and the rise in defaults, the paper states.

“Analysing mortgage arrears patterns before and after the Dunne judgment in Ireland, I show that borrowers defaulted after the judgment at a higher rate than they otherwise would have,” the Central Bank economist states.

Mr O’Malley says in his paper the evidence is clear some borrowers stopped paying because the threat of repossessi­on was removed.

“The evidence presented here shows some Irish borrowers defaulted on their mortgages when they likely would have continued to pay if their homes could be repossesse­d.”

The default rate was found to have been 0.5pc higher on average in each quarter after the judgment than would have been otherwise expected, given the difference in the default rates before the judgment.

He said making reposses- sions more difficult discourage­s some people from paying up.

“Impediment­s to home repossessi­on by banks reduce a borrower’s incentive to fulfil the terms of their mortgage,” according to ‘Did the Dunne Judgment Lead to More Mortgage Defaults?’

Those most likely to have stopped paying when the repossessi­on risk was removed are usually found to be in negative equity, where the value of the property is less than the borrowings. They tend to have low incomes when they took out the home loan, to be paying a high variable rate and have missed payments in the past.

The Dunne judgment meant some who had been facing repossessi­on decided to spend the mortgage money on their living costs instead of making repayments as the threat of repossessi­on was lifted.

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