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HELP! Son's L/lady got repo court date!

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  • silvercar
    silvercar Posts: 49,765 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Just checked my mortgage statement. It has my address and the property address and mortgage account number. Presumably that would be enough to satisfy a tenant that the lender was aware that I didn't live at the property. BUT it contains details of all my mortgage payments, I wouldn't want a tenant to know the exact mortgage payments. I could show the tenant the top part of the page, but that doesn't show that I'm not in arrears.

    There is also the question of identity theft. If you give out too many details, is there a risk that the tenant could take out a secured loan in your name on the property? Armed with account number and address (and possibly mortgage payments) could a dodgy tenant convince the lender that they are the mortgagor, tell the lender that they want to move into the property and arrange a further loan? The lender would then send a cheque to the tenants address.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    silvercar wrote: »
    Just checked my mortgage statement. It has my address and the property address and mortgage account number. Presumably that would be enough to satisfy a tenant that the lender was aware that I didn't live at the property. BUT it contains details of all my mortgage payments, I wouldn't want a tenant to know the exact mortgage payments. I could show the tenant the top part of the page, but that doesn't show that I'm not in arrears.

    There is also the question of identity theft. If you give out too many details, is there a risk that the tenant could take out a secured loan in your name on the property? Armed with account number and address (and possibly mortgage payments) could a dodgy tenant convince the lender that they are the mortgagor, tell the lender that they want to move into the property and arrange a further loan? The lender would then send a cheque to the tenants address.
    Of course it's right a LL doesn't want to give away mortgage account number and the mortgage payments details. But what I really don't understand is why he can't write to the lender asking them for a letter suitable for showing the tenant that just simply confirms that as of the date of the letter he has consent to let that specific rental property. That's all that's needed.

    As for identity theft should the new tenant be dodgy, that's a risk the landlord is taking in any case, so is the previous tenant whose post may still be arriving at the rental address. But then said dodgy tenant could get the lender's name from the land registry, LL's name from the tenancy documentation and has a right to request LL's address. So I don't see the above letter would expose the LL any more than he is now.

    The tenant could also be ask risk if identity theft from the landlord as they have to hand over proofs of identity, previous address(es) and other details for referencing, but I guess that's a small risk that has to be taken to get anything done. So this would just be the agent/tenant requesting the LL do a simple thing to reference the LL. I think it's up to agents to begin making this standard practise as the number of mortgage arrears and repossessions rise as we go into recession.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Hi floss2, Thanks for the update, I hope you let us know how it goes. Good luck.
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    franklee wrote: »
    But then said dodgy tenant could get the lender's name from the land registry, LL's name from the tenancy documentation and has a right to request LL's address. So I don't see the above letter would expose the LL any more than he is now.

    The tenant (in fact, anyone) can also get the name of the name and address of the house owner, the mortgage lender and any charges against the house - and all downloaded for £3 from http://www.landregistry.gov.uk/www/wps/portal/FindAProperty

    It also seems they can also get copies the documents referred to on the register, such as mortgage deeds and leases, by writing to Land Registry.
    http://news.bbc.co.uk/1/hi/uk_politics/7079494.stm
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    ""It also seems they can also get copies the documents referred to on the register, such as mortgage deeds and leases, by writing to Land Registry.""

    i am no longer sure about this - there was a major scandal a year ago whereby scabby rogues were downloading other peoples mortgage application forms from the LR - then claiming to be the owner, and getting EAs to sell properties they did not own - and there is still an ongoing legal battle between one owner and the LR - the guy lost his house and has still not got it back
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    clutton wrote: »
    ""It also seems they can also get copies the documents referred to on the register, such as mortgage deeds and leases, by writing to Land Registry.""

    i am no longer sure about this - there was a major scandal a year ago whereby scabby rogues were downloading other peoples mortgage application forms from the LR - then claiming to be the owner, and getting EAs to sell properties they did not own - and there is still an ongoing legal battle between one owner and the LR - the guy lost his house and has still not got it back

    According to that BBC link I gave above, that is why people have to write to LR for those type of documents now. The rest they can still download direct from the the LR site.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


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