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    • sarahalexandra123
    • By sarahalexandra123 1st Dec 17, 8:46 AM
    • 4Posts
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    sarahalexandra123
    Halifax mortgage NIGHTMARE - repeat errors- any advice
    • #1
    • 1st Dec 17, 8:46 AM
    Halifax mortgage NIGHTMARE - repeat errors- any advice 1st Dec 17 at 8:46 AM
    My partner recently decided to sell his home (mortgaged through Halifax for five years) and buy bigger house. He found a buyer for his property and we found our next house. He was granted a new Halifax mortgage. We found a buyer and our offer was accepted. However as we found out the very day all parties were due to exchange contracts, the Halifax mortgage had been awarded incorrectly and ‘against Halifax’s terms.’ The Halifax underwriter had made a mistake (Halifax’s words, not mine) and had granted us a mortgage offer based on us retaining the existing property. This was never the intention and totally against Halifax’s terms, but none the less the mortgage offer was deemed to be completely invalid. Halifax offered us pitiful compensation in the form of £200 or so towards solicitor’s fees, and they admitted their error. Mistake number one. We lost our buyers, and we lost our original house.

    Anyway, we reapplied for our mortgage with Halifax, or rather, Halifax assured us that they would amend the mortgage offer to what they would agree to ( I e that we sell the first property.) This is what we had originally asked for and what we intended to do, and true to their word, Halifax seemingly did. Happy days, we proceeded to purchase. We found buyers for our house and we found a new house. All parties exchanged contracts on Tuesday 28th November. It is now, Friday, 1st December, completion is due to take place today- and Halifax say that they will not release the funds. Why? Because THEY HAVENT AMENDED OR APPROVED OUR MORTGAGE OFFER. They say that we have no mortgage offer.

    My partner is currently literally ill with worry and stress that he will sell his house, as his buyers have exchanged and are moving in today, but we will be homeless as Halifax have made a mistake yet again. He doesn’t know I am writing but he is extremely concerned and despondent. To make matters worse, he is a site manager on a huge commercial construction site and so extremely busy in the day. If someone tries to call him, they might need to try a couple of times to get through to him. The mortgage is in his name, not mine, as I started a dog daycare business and so wasn’t eligible. My partner has had a Halifax mortgage for 5 years. He has never missed a payment and he, as a satisfied customer, has recommended the bank to friends and family. Myself and my mum,have banked with Halifax for a combined 40 years. We are so upset and distressed by Halifax letting us at the last minute yet again. Please can anyone help at all? Halifax customer services may not even get to respond to our complaint (this letter!) today!!!!! We will literally be homeless!!!

    Any advice please?!

    Thank you

    Sarah
Page 1
    • kingstreet
    • By kingstreet 1st Dec 17, 8:52 AM
    • 32,360 Posts
    • 17,371 Thanks
    kingstreet
    • #2
    • 1st Dec 17, 8:52 AM
    • #2
    • 1st Dec 17, 8:52 AM
    How were you permitted to exchange contracts by your solicitor without a valid mortgage offer?

    Presumably, you provided Halifax with the new property details, paid the next valuation fee and a new valuation was done? What happened after that? Any new documentation required?
    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.
    • Tiglet2
    • By Tiglet2 1st Dec 17, 9:04 AM
    • 15 Posts
    • 5 Thanks
    Tiglet2
    • #3
    • 1st Dec 17, 9:04 AM
    • #3
    • 1st Dec 17, 9:04 AM
    What kingstreet said.

    No solicitor would exchange contracts without a valid mortgage offer.

    Solicitors get a copy of the mortgage offer as well as you because the solicitor has to act on behalf of the mortgage lender.

    Did you not get a copy of the revised offer? They should have issued a new offer to you and the solicitor, which you both read and check before signing.
    • EmmyLou30
    • By EmmyLou30 1st Dec 17, 10:32 AM
    • 341 Posts
    • 403 Thanks
    EmmyLou30
    • #4
    • 1st Dec 17, 10:32 AM
    • #4
    • 1st Dec 17, 10:32 AM
    My solicitor failed to spot Halifax hadn't sent them the mortgage offer (despite me saying 'are you sure you have everything?' weeks before and getting a cursory yeah yeah yeah, leave us to do our job) right up to the day we exchanged contracts and then that's when it got spotted. Exchange was delayed by a couple of days while I went mental at the solicitor and Halifax and we managed to complete on the planned day as we had a weeks gap between the two.

    So I would be shocked if any but the most incompetant solicitor had exchanged without a mortgage offer - though it wouldn't surprise me. The solicitor will surely be liable for any out of pocket expenses as a result of their failures? I would hope so anyway. Good luck OP.
    • Cakeguts
    • By Cakeguts 1st Dec 17, 10:43 AM
    • 3,271 Posts
    • 4,556 Thanks
    Cakeguts
    • #5
    • 1st Dec 17, 10:43 AM
    • #5
    • 1st Dec 17, 10:43 AM
    If completion is today you must move out today. Once your buyer's money is in your solicitor's account the house no longer belongs to you it belongs to the buyers. So storage unit for furniture and a hotel for you until you can sort out the mess.
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