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  • FIRST POST
    • DarkAngelEyes
    • By DarkAngelEyes 15th Oct 16, 5:40 AM
    • 7Posts
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    DarkAngelEyes
    Mortgage was offered but service charge dispute causing delay
    • #1
    • 15th Oct 16, 5:40 AM
    Mortgage was offered but service charge dispute causing delay 15th Oct 16 at 5:40 AM
    I own a flat in a converted house and own a freehold share of managment company and I was recently successful in getting a mortgage offer. My nightmare statred when the conveyncing team wrote to another co-director to verify that there are no major work in the near future due. A dispute between the co-director and me over the way we spend our service charge and sinking fund money led me to withhold payments. No invoices were raised to me and no notice s were issued against my property to date. However, the application is held back because the conveyencing team need confirmation that no notices are raised against the property and no major work in the near future is due.
    The nightmare stated when the conveyancing team wrote to the co-director. He is claiming that the building is in a mess. He also, added that it will need a massive estimated bill to repair. I beleive that he only didi this as act of spite designed to scare away the lender. Despite that I had the lender's surveyor report whom inspected the property and passed it for lending.

    The other co-director also refuses to confirm the rest of the lender’s enquiries and my offer’s expiry date looming what should I do? If I take legal action it will not be resolved soon. Can you help? Can the broker speak to the lender and explain that the neighbour’s action is causing me stress. What would you advice?????
    Last edited by DarkAngelEyes; 15-10-2016 at 5:52 AM. Reason: corrected spelling
Page 1
    • Canary_Yellow
    • By Canary_Yellow 15th Oct 16, 8:48 AM
    • 37 Posts
    • 6 Thanks
    Canary_Yellow
    • #2
    • 15th Oct 16, 8:48 AM
    • #2
    • 15th Oct 16, 8:48 AM
    I presume you've tried talking to your neighbour in person?

    I don't think there's any other route that will lead to a quicker resolution.
    • davidmcn
    • By davidmcn 15th Oct 16, 9:03 AM
    • 3,878 Posts
    • 3,450 Thanks
    davidmcn
    • #3
    • 15th Oct 16, 9:03 AM
    • #3
    • 15th Oct 16, 9:03 AM
    Can the broker speak to the lender and explain that the neighbour’s action is causing me stress.
    Originally posted by DarkAngelEyes
    You do understand the reason for the enquiry is because the lender doesn't want to end up in a similar dispute if they repossessed? So you'll need to sort this out yourself, your lender and/or broker won't want to get involved and I don't know what help you think they're likely to offer.
    • kingstreet
    • By kingstreet 15th Oct 16, 9:51 AM
    • 30,025 Posts
    • 15,963 Thanks
    kingstreet
    • #4
    • 15th Oct 16, 9:51 AM
    • #4
    • 15th Oct 16, 9:51 AM
    Can you help? Can the broker speak to the lender and explain that the neighbour’s action is causing me stress. What would you advice?????
    Originally posted by DarkAngelEyes
    Your solicitor is acting for your mortgage lender in obtaining the necessary documentation to prove the property is suitable security for the mortgage.

    This can be resolved only by the solicitor and the freeholder.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
    • Thrugelmir
    • By Thrugelmir 15th Oct 16, 9:57 AM
    • 51,295 Posts
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    Thrugelmir
    • #5
    • 15th Oct 16, 9:57 AM
    • #5
    • 15th Oct 16, 9:57 AM
    Despite that I had the lender's surveyor report whom inspected the property and passed it for lending.
    Originally posted by DarkAngelEyes
    That has no bearing on maintenance work or the requirement for a sinking fund to cover major items of expenditure such as roof renewal. The surveyor is merely confirming that the property provides adequate security for the money that the lender proposes to advance.
    “A man is rich who lives upon what he has. A man is poor who lives upon what is coming. A prudent man lives within his income, and saves against ‘a rainy day’.”
    • DarkAngelEyes
    • By DarkAngelEyes 16th Oct 16, 6:49 AM
    • 7 Posts
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    DarkAngelEyes
    • #6
    • 16th Oct 16, 6:49 AM
    • #6
    • 16th Oct 16, 6:49 AM
    I tried emailing and phoning but to avail. The co-director is renting his property through letting agents and they not get involve. He is a solicitor (albait a one man band working from home) but he tend to write long winded letters and make fulse claims(a bully).
    I think that his tactics and aim is to blackmail me to pay him money before he can withdraw the claims. I sought legel advice and the answer is that I have to take him to court but that means I will not meet the deadline for my offer.
    Last edited by DarkAngelEyes; 16-10-2016 at 6:51 AM. Reason: adding more information
    • muhandis
    • By muhandis 16th Oct 16, 7:47 AM
    • 226 Posts
    • 84 Thanks
    muhandis
    • #7
    • 16th Oct 16, 7:47 AM
    • #7
    • 16th Oct 16, 7:47 AM
    It's probably not what you want to hear, but from what you have written it looks like the only option you have at this point of time is to give up on the current offer and sort out the issue with the others (either though negotiation or legal action) before starting with the process again.

    Good luck.

    I tried emailing and phoning but to avail. The co-director is renting his property through letting agents and they not get involve. He is a solicitor (albait a one man band working from home) but he tend to write long winded letters and make fulse claims(a bully).
    I think that his tactics and aim is to blackmail me to pay him money before he can withdraw the claims. I sought legel advice and the answer is that I have to take him to court but that means I will not meet the deadline for my offer.
    Originally posted by DarkAngelEyes
    • davidmcn
    • By davidmcn 16th Oct 16, 8:30 AM
    • 3,878 Posts
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    davidmcn
    • #8
    • 16th Oct 16, 8:30 AM
    • #8
    • 16th Oct 16, 8:30 AM
    I sought legal advice and the answer is that I have to take him to court but that means I will not meet the deadline for my offer.
    Originally posted by DarkAngelEyes
    Why are you so concerned about the expiry date for your mortgage offer? They can be reissued, your service charge dispute is more troublesome even if you weren't remortgaging.
    • DarkAngelEyes
    • By DarkAngelEyes 16th Oct 16, 9:44 AM
    • 7 Posts
    • 0 Thanks
    DarkAngelEyes
    • #9
    • 16th Oct 16, 9:44 AM
    • #9
    • 16th Oct 16, 9:44 AM
    Can I call an EGM and request a mediator present if he refuse to cooperate?
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