mortgage Incompetence??????

dash68

homer_j wrote: »

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?

the lender was alliance and Leicester and the broker did take photo copies of both our passports so alliance and leicester where aware my wife has a foriegn passport. maybe the broker should have looked into this in greater depth i can only go off what the broker has told me so no way of finding out wether he actually did point this out to the lender. i think the problem may have been due to the wording of one of the application questions which went like this (do you have the right to reside in the uk?) the answer to this is yes the question should be (do you have indefinate leave to remane in the uk stamped in you passport OR be in possesion of a uk passport) to which the answer would have been no. for those who dont know the rules about staying in the uk with a wife/spouse visa are very different to other visas(see uk visa site and search for INF4) basically the 2 year visa is there so that if you split up within those 2 years your right to remain is withdrawn. so the people who decide any future status are the couple involved so there is really no more risk to the lender than lending to any other couple! unlike a working visa which can be revoked at any time if the person loses there job, also the visa is NON transferable to another job

anyway the advisor has come back with a new lender that is happy with my wifes uk status and a 100% mortgage is available. he also says not to worry about the lost fee as he will get that back as to whether he will pay that out of his own pocket i dont know

i already have a copy of the advisors complaints procedures which was given to us right at the begining but at this point im not going to rock any boat while he is working to a solution.

dash68

we where told everything was ok until 3 weeks after the valution/survey when our solicitor mentioned it. the advisor knew nothing when asked

dash68

try halifax, we where told the do 97% or try northern rock

jiggy2

Hi,

I know you have said that you have found a new mortgage....however just for your info....i have a foreign passport and don't have indefinite leave to remain...my wife is british...i was the main mortgage applicant and the mortgage is with Alliance & leicester....i did get the mortgage without any problems....

so it looks like they do make exceptions to their policy...

jig

dash68

thanks for that jiggy but i spoke to allaice and leicester myself and was told it was there policy to give mortgages to people with either indefinate leave to stay stamped in your passport or a uk passport. so do you definatly have the mortgage? do you have a formal acceptance? or was this ages ago when you got the mortgage?
i ask this because initailly there was no problems at all or so i was led to believe

jiggy2

hi, yes i definitely have the mortgage...money going out of my bank every month...i also got formal acceptance etc...my mortgage came through in June 2007 so quite recent...

Dan_Collins_2

jiggy2 wrote: »

hi, yes i definitely have the mortgage...money going out of my bank every month...i also got formal acceptance etc...my mortgage came through in June 2007 so quite recent...

Jiggy are you from the EU? If so you will be ok dependant on how long you have lived here. I have a lot of Polish clients and A&L are happy with them.

jiggy2

hi i am not an EU citizen. been here for 5 years. my marriage visa is for 2 years.

Dan_Collins_2

jiggy2 wrote: »

hi i am not an EU citizen. been here for 5 years. my marriage visa is for 2 years.

OK, one more reason it could have been ok, what LTV was the case, below 85% or 75%?

jiggy2

the LTV came to 88%...so that wasn't the reason...probably just slipped through the net..