Where do I stand.

houst

I have a mortgage with Mortgages PLC and need some answers.

1) In 2006 they billed me for searches which they and the legal firm they instructed have admitted were not done. Apparently they took extra indemnity insurance that covers them and not me.

2) Now I find there is a "New Road Order" going straight through my property.

So my question is?

Is my mortgage enforceable, as there appears to be possible fraudulent or neglalence involved.

Answers

Berkshiregirl

To clarify, are Mortgages PLC your mortgage provider, or your mortgage broker?

With regard to the new road order, surely your solicitor should have been aware of this - assuming Mortgages plc are not your legal representation, they wouldn't have been involved in the searches.

happybroker

Mortgages plc should be as interested in this as you as the propert is security for the loan and the solicitors will have been acting on their behalf to ensure they had access to a good and marketable title which clearly your home may not have.

The point of search indemnity is that it speeds up the process by insuring against the impact of what might come up in the local searches meaning they don't have to be done. Speak to the solicitors and Mortgages plc, they should be more than happy to help.

There is nothing fraudulant or negligant about this.

houst

Thanks for the responses............Mortgages PLC are the mortgage provider, they have informed me that they did not do the searches.

The issue is on the mortgage paperwork I have been charged for the searches, the issue is simple "they chose to take indemnity cover that protected them and not me"
This has now resulted in me being liable for resetting of my boundaries and costs. The resulting loss in value of the property.
I have instructed a Barrister and given him all the paperwork and today I have a smile like a cheshire cat........

A1P1 to the European Convention of Human Rights states
"right to peaceful enjoyment of possessions"

Basically I've not been afforded the same protection under the contract as the lender by their choice, effectively ignoring my basic human right to protection.

I am challenging the validity of the Original Mortgage Contract in the High Courts, so I will keep you informed.

Regards

Houst.