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mortgage Incompetence??????

my wife and i recently enquired about being able to get a mortgage and we were told by an independent mortgage advisor that we could have a mortgage up to the value of £110,000.
We then went ahead and found a house we liked and put in an offer of 88,000 which was accepted. Through the same mortgage advisor we then applied and were told that everything was ok. We paid the fee for the valuation, which took place approximately 6 weeks later and then received a copy of the report, which was fine. The mortgage advisor informed us that we could now proceed with the solicitors and it was purely a waiting game until completion. Then about 2 weeks after the valuation report came through our mortgage adviser asked us for a copy of my wifes spouse visa but nothing to worry about.
Now things have turned into a nightmare as a progress report coming from the solicitor mentioned that they had received nothing from the lender. I immediately contacted the advisor who was totally unaware there was any problem but he would try and sort it out.

I decided to call the lender myself and they informed me the have a policy that they do not do mortgages to anyone without either an UK passport or indefinite leave to remain (ILTR) in their current passport. I explained that wife /spouse visa is converted to ILTR on or before just its expiry or even a full UK passport. They absolute will not move on this as its there policy. I asked them why they had gone ahead with the valuation and taken the fee when they already knew they where not going to give us this mortgage. And also why the they didn’t thing it would be a good idea to notify us of any of this much earlier (remember we found out by accident not by direct contact)
Also the valuation fee is apparently non-refundable and if we don’t get another mortgage soon the solicitor’s fees will also be wasted.

Surely somebody here has been incompetent?!!!! And if so who is responsible to reinbuse us? Also are there any lenders out there that can give us a mortgage in our current situation so we don’t loose the house. time is not on our side as 2 months have now passed

what to do next? 6 votes

get a finacial onbudsman involved
16%
han2505 1 vote
try and stop visa payment to lender
16%
han2505 1 vote
continue to use say advisor
0%
find a new advisor
66%
MortgageMammaForever_Redhan2505purple13 4 votes
go it alone with lenders
0%
«1

Comments

  • homer_j_3
    homer_j_3 Posts: 3,266 Forumite
    hi and welcome to the forums.

    I am sorry that you have had to experience this but as far as I can understand from the information that you have given me, it will be your broker at fault here.

    Anyway I look at it, it boils down to the fact that the broker needs to establish the residency status of their clients and where their clients are not a UK passport holder, I would expect the broker to establish with the lender that they accepted applications from non UK passport holders.

    I would ask your broker why they submitted the application to that lender without checking. You should then ask for them to either get a refund back from the lender or pay it out of their own pockets. If they refuse, ask for a copy of their internal complaints procedure. Incompetence is no excuse or lazyness.

    If you have been told incorrect info by incompetent call centre staff at the lender then you may be worrying over nothing but you need to give your broker a chance to resolve. Who is the lender by the way?
    I am a Mortgage Adviser
    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.
  • dunstonh
    dunstonh Posts: 120,181 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The question needs to be asked on the money laundering verification form as well as Residence and nationality are two boxes the adviser has to complete.

    I'm not bothering the poll as the option you have to take is go through the adviser to see if he can rectify it and if unsatisfied with outcome, you put in a complaint and it goes through his firm's complaints proceedure. If you dont like that outcome of that, then it goes to the FOS. You cannot circumvent the proceedure.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • MortgageMamma
    MortgageMamma Posts: 6,686 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    find a new advisor
    It does at this stage sound like the adviser is at fault, the guys above have said everything that I have said, but what concerns me is that your ADVISER has not checked on the status of the application and has been telling you everything is ok. Sounds like one of those wide boys who put the mortgage application in then they just forget you exist if you don't give them the protection business. I would want to know why its taken so long to conclude this? The first thing a lender would do is check your residency etc.

    Who is the lender by the way? that might shed a bit of light on this situ.
    I am a Mortgage Adviser

    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.
  • JoeK_3
    JoeK_3 Posts: 1,374 Forumite
    I find it strange that it has taken you eight weeks to make enquiries about no progress.

    How long ago was the valuation done?

    JoeK
    I am an Independent Financial Adviser.
    Anything posted on this forum is for discussion purposes only. It should not be considered financial advice. Different people have different needs and what is right for one person may be different for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser who can advise you after finding out more about your situation.
  • dawsonio
    dawsonio Posts: 105 Forumite
    Mmmm im in a similar position regarding the spouse visa issue. We were going though an application with Nationwide and today found out that They wont lend unless my wife has either a 3 year (left on) visa or ILTR.

    Earlier in the year we did get an offer from Halifax so you could try them, but their rates are uncompetitive.

    If anyone else knows lenders that will accept that have better rayes than the Halifax id be eager to know please. I have a £500 paid deposit on a new build that i will loose if i cant find a new mortgage and exchange by end of August.
  • luckyfool
    luckyfool Posts: 1,683 Forumite
    Dawsonio,

    Halifax have a great tracker product to 90% at 0.36% below base, whether it works for you depends on your mortgage size as the arrangement fee is £1,499.

    For other lenders it will tend to depend on how long your wife has been in the UK for, and how long is left on the visa.
  • dawsonio
    dawsonio Posts: 105 Forumite
    luckyfool wrote: »
    Dawsonio,

    Halifax have a great tracker product to 90% at 0.36% below base, whether it works for you depends on your mortgage size as the arrangement fee is £1,499.

    For other lenders it will tend to depend on how long your wife has been in the UK for, and how long is left on the visa.

    Thanks, ill look into that, hadnt really looked at trackers. The loan would be for £96300 (90% of valuation), the only thing is the Fee
  • dawsonio
    dawsonio Posts: 105 Forumite
    luckyfool wrote: »
    Dawsonio,

    Halifax have a great tracker product to 90% at 0.36% below base, whether it works for you depends on your mortgage size as the arrangement fee is £1,499.

    For other lenders it will tend to depend on how long your wife has been in the UK for, and how long is left on the visa.

    I cant seem to see taht on the site is this a special Broker deal?
  • luckyfool
    luckyfool Posts: 1,683 Forumite
    It is an intermediary exclusive product. Based on their direct deals they do have a 5.59% tracker with a £499 fee available to direct customers.

    The one with the £1,499 fee just doesnt make sense on a smaller mortgage.
  • KTF
    KTF Posts: 4,855 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Yes its through Intermediaries only and is for Home Movers, First Time Buyers or Remortage.

    Page 3 and 8 of the current product guide. http://www.halifax-intermediaries.co.uk/pdf/halifax_mortgage_guide.pdf
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