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Help please - FD want to alter the terms of my signed Mortgage offer. Can they?

Hi All

Let me explain what has happened. We received a mortgage offer from FD which was signed by them and then we signed and returned it.

They have still not completed our re mortgage and today say that they want us to sign a new offer document as they put the valuation at 315k and the valuers came back at 275k.

Now I thought one its signed its signed and we do not have to change it? Is that the case or can they force us to resign?

It does not affect the LTV as the mortgage anount is just over 100k but it seems wrong o me and would also affect me if I wanted to borrow more later.

Thanks for your advice in advance
Self confessed Florida expert :) with over 320 trips there!
Co host of the Disneybrit and Eye on Orlando Podcasts
and Craig Duncan Soul Show on Orlando Sky Radio :)

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Comments

  • Baz_2
    Baz_2 Posts: 729 Forumite
    Most offers will state that it is subject to a suitable valuation. So yes they can.

    Be thankful it doesn't change your offer rate.
  • bigstevex
    bigstevex Posts: 919 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    I wouldn't worry about it, as you say it doesn't affect the ltv, and as the previous poster says it most likely states 'subject to valuation' or something along those lines
  • disney_cjd wrote: »
    Hi All
    and would also affect me if I wanted to borrow more later.

    Would it? I would have thought that if you wanted to borrow more later they would do another valuation anyway, wouldn't they? Isn't that how so many people managed to borrow again and again against their homes when prices were rising?
  • disney_cjd
    disney_cjd Posts: 1,249 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Thanks all.

    I have read all of the documents and nowhere does it say subject to valuation. In fact it list the valuation at the higher amount a few times.

    I have asked them to check and double check. I want to get onto this rate asap as I am paying through the nose at the moment with One account

    thanks all for your replies.

    Cheers
    Self confessed Florida expert :) with over 320 trips there!
    Co host of the Disneybrit and Eye on Orlando Podcasts
    and Craig Duncan Soul Show on Orlando Sky Radio :)

  • Baz_2
    Baz_2 Posts: 729 Forumite
    disney_cjd wrote: »
    Thanks all.

    I have read all of the documents and nowhere does it say subject to valuation. In fact it list the valuation at the higher amount a few times.

    I have asked them to check and double check. I want to get onto this rate asap as I am paying through the nose at the moment with One account

    thanks all for your replies.

    Cheers

    Well not signing the new one is only going to hold up the process. I cant see the benefit in arguing with them.
  • disney_cjd
    disney_cjd Posts: 1,249 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Baz wrote: »
    Well not signing the new one is only going to hold up the process. I cant see the benefit in arguing with them.

    But surely I already have a legally binding offer?

    They make it very clear that when we sign and return it then thats it, its a contract and you are bound by it.

    Seems one way to me.

    CJD
    Self confessed Florida expert :) with over 320 trips there!
    Co host of the Disneybrit and Eye on Orlando Podcasts
    and Craig Duncan Soul Show on Orlando Sky Radio :)

  • silvercar
    silvercar Posts: 49,946 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    They can withdraw the offer if new things come to light before drawdown of funds. A significant drop in property value could be enough.

    I don't see what you lose by signing it.
    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.
  • jiggy2
    jiggy2 Posts: 471 Forumite
    Part of the Furniture 100 Posts Name Dropper
    disney_cjd wrote: »
    But surely I already have a legally binding offer?

    They make it very clear that when we sign and return it then thats it, its a contract and you are bound by it.

    Seems one way to me.

    CJD

    after section 13, there is a section for special conditions, on my mortgage offer.

    it states there - subject to satisfactory valuation received prior to completion. so in my case they can change it

    so if there is no special conditions section, not sure if they can change it.

    Jig
  • Baz_2
    Baz_2 Posts: 729 Forumite
    disney_cjd wrote: »
    But surely I already have a legally binding offer?

    They make it very clear that when we sign and return it then thats it, its a contract and you are bound by it.

    Seems one way to me.

    CJD

    But surely they are giving you another offer instead?

    I fail to see what difference both offers make to you. So why drag your feet?
  • Wutang_2
    Wutang_2 Posts: 2,513 Forumite
    I would pull out immediately - how dare they lend you money on a depreciating house value
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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