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Advice Needed - Survey says house is Unmortgageable

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  • Drain survey results are back, its in great condition! I'm one step closer to actually getting a house :D
  • Hi Everyone,

    Just to say thank you for all your lovely posts, what a supportive community. Tek-monkey - I am so glad that the results of the drain survey were satisfactory and really hope that you will now get your mortgage approved on the property. I'm sure you will, one of us has to have some good luck!

    No, we don't have to pay the mortage arrangement fee unless we proceed with another property. So we have just lost the survey fee and the solicitor's costs on part of the purchase. Just! Oh well, that better house must be out there somewhere.

    Let the house-hunting begin. Again.

    Best wishes.
  • tek-monkey
    tek-monkey Posts: 1,434 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Just read the drain survey, in great condition but there are TWO drains under the property! Lets see what Co-op make of that....
  • tek-monkey
    tek-monkey Posts: 1,434 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    And our survey says...... :(

    No buildover agreement means no mortgage, simples. Their solicitor is just not responding, mine has been in talks with the surveyor who says there is no way in hell you can mistake it for a private drain. Therefore it seems they were either not informed when purchasing, or they're lying. I suspect the former, as if they knew about it surely they'd have insisted on the agreement before purchasing?

    My sol asked theirs last Monday for permission to contact Severn Trent herself to ask about permission, as they wont provide it nor even discuss it. We've had no reply, other than the initial 'we don't believe there is a sewer under the extension'. Can anyone think of a reason they'd not give us the information, unless Severn Trent have already said no?
  • Bootski
    Bootski Posts: 771 Forumite
    I'd let it go - stupid beaurocrats!! But in the meantime wouldn't let them get away with not giving you information you are entitled to. Go right to the top, Chief executive, make a formal complaint and take it to the OddBinsman! Take you five/ ten minutes and they have to respond. Least you can do is end up with an adequate reason!
  • Further update from the lender - they don't know! I can have the mortgage if its not a shared drain, but it is. My mortgage person says she's not sure what happens now. My solicitor has never dealt with a case like this before either, but is on the ball with requesting evidence.

    Their solicitor is just not responding, so I called the EA selling the place. Figured they'd want to know they aint gonna get a sale! They are now chasing the vendors solicitor as well. Whats annoying is they could actually have a buildover agreement on the drain, they could have the building regs/planning permission. They just don't answer the questions when we request them!

    Would it not be easier to lock the solicitors in a room together for an hour to thrash these things out, rather than relying on post and fax?
  • weenster
    weenster Posts: 13 Forumite
    tek-monkey, sorry to hear you are still going through the mill with all this. Is the stress getting to you? What will you do, pursue it or pull out. Honestly, you would think the vendors and their estate agents would be pulling out all the stops to get it to go through. Do they really want to move? It is so difficult trying to get all the different parties to come to a decision in a situation like that.

    I was so jaundiced by my last property being unmortgageable that I have decided to buy a new-build one instead. Something I would never have entertained before but I have to move soon or my purchaser will pull out and I will end up losing so much money. Anyway, waiting to hear from the Building Society as to whether house number 2 is mortgageable!

    I hope you get a quick resolution of your dilemma, one way or another.
  • tek-monkey
    tek-monkey Posts: 1,434 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thanks for that.

    Had a call from the lender today, saying if I want a mortgage they want the build over agreement. I asked about an indemnity policy, she said she'd ask but didn't sound hopefull. I have explained this to the EA, he seemed a bit puzzled as its never happened to him before but agrees the house may be unsellable without an agreement. The vendor doesn't want to draw attention to himself, so doesn't want to ask!

    The annoying thing is there may already be an agreement in place, but it never came up when they purchased so they don't know. It could all possibly be solved by them calling Severn Trent, but they're scared to. So I lose the house, and the Ownhome funding, and therefore my only chance of buying in the next 5 years unless I want a small new build. Bah!

    Kinda lost interest now, I'm 1.5k down that I could have used to take my GF and the kids on holiday.
  • Ama
    Ama Posts: 96 Forumite
    tek-monkey wrote: »
    Thanks for that.

    Had a call from the lender today, saying if I want a mortgage they want the build over agreement. I asked about an indemnity policy, she said she'd ask but didn't sound hopefull. I have explained this to the EA, he seemed a bit puzzled as its never happened to him before but agrees the house may be unsellable without an agreement. The vendor doesn't want to draw attention to himself, so doesn't want to ask!

    The annoying thing is there may already be an agreement in place, but it never came up when they purchased so they don't know. It could all possibly be solved by them calling Severn Trent, but they're scared to. So I lose the house, and the Ownhome funding, and therefore my only chance of buying in the next 5 years unless I want a small new build. Bah!

    Kinda lost interest now, I'm 1.5k down that I could have used to take my GF and the kids on holiday.

    Sorry to hear things are not going well for you. I know you are 1.5k down but speak to p4p and I think they will give you time to look for another property if you are still interested. I called them a few days ago after coming close to loosing the property I am buying and they said they would give me 4 weeks grace to find another property.
    Debts at :idea: moment £31,500 :confused:
    [STRIKE]Debts as @ 28 June 2009 £15,654[/STRIKE] [STRIKE]Debts as @ 25 July 09 £7,264 [/STRIKE]:j[STRIKE]Debts as at 8 Sept 09 £6,590 [/STRIKE]:T Debts as @ 10 October 09 £5,976:j:j
    Official Debt Free Wannabee- Nerd Club Member Number 742..........Longhaul supporters club member-Number 72
    Proud to be dealing with my debts! Love this forum :grouphug:
  • tek-monkey
    tek-monkey Posts: 1,434 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    And another up!

    Seriously, this is like an emotional rollercoaster. Today at lunch I got told forget it, so I called the vendor. He called the water company, who said they only adopted the drain in '99. Therefore its the council who registered it, who think they no longer have the records because of the age ('76). Therefore what they want cannot exist, I have explained this to a very helpful guy on the phone and am expecting a call tomorrow.

    So I'm still none the wiser, but its closer than it was earlier!
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