Can parent take out a loan, and gift me deposit for mortgage?

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Comments

  • Ftba.d
    Ftba.d Posts: 164 Forumite
    Sixth Anniversary 100 Posts Name Dropper Combo Breaker
    edited 24 August 2016 at 10:24PM
    brit1234 wrote: »
    It, stinks, more than it is fraud (fraud by misrepresentation). Don't do it, be honest and decent and save a deposit like everyone else.

    This post is almost not worthy of a response but here it goes . How ridiculous to try and school somebody on being 'decent' by saving a deposit themselves! So if people find themselves in a position where they are in receipt of inheritance from a loved one who has passed on, they shouldn't use it as a deposit in favour of doing the 'decent ' thing and saving it themselves ?

    Fraud :wrongful or criminal deception intended to result in financial or personal gain... How is withholding where your parents obtained the money to gift you anywhere near fraud ? Of course , if asked, I'm sure the OP would make it clear where the money came from , however it makes no difference as long as the OP is not expected to pay his or her parents back . If the parents have secured a loan to gift it means they have the means to pay it off. All totally legit!
  • brit1234
    brit1234 Posts: 5,385 Forumite
    edited 25 August 2016 at 7:26AM
    Ftba.d wrote: »
    This post is almost not worthy of a response but here it goes . How ridiculous to try and school somebody on being 'decent' by saving a deposit themselves! So if people find themselves in a position where they are in receipt of inheritance from a loved one who has passed on, they shouldn't use it as a deposit in favour of doing the 'decent ' thing and saving it themselves ?

    Fraud :wrongful or criminal deception intended to result in financial or personal gain... How is withholding where your parents obtained the money to gift you anywhere near fraud ? Of course , if asked, I'm sure the OP would make it clear where the money came from , however it makes no difference as long as the OP is not expected to pay his or her parents back . If the parents have secured a loan to gift it means they have the means to pay it off. All totally legit!

    Fraud by failing to disclose information (Section 3)

    The defendant:
    • failed to disclose information to another person
    • when he was under a legal duty to disclose that information
    • dishonestly intending, by that failure, to make a gain or cause a loss.
    Like Section 2 (and Section 4) this offence is entirely offender focussed. It is complete as soon as the Defendant fails to disclose information provided he was under a legal duty to do so, and that it was done with the necessary dishonest intent. It differs from the deception offences in that it is immaterial whether or not any one is deceived or any property actually gained or lost.



    Do the right thing. If you think your right, then declare the source of the deposit to the bank making the application.
    :exclamatiScams - Shared Equity, Shared Ownership, Newbuy, Firstbuy and Help to Buy.

    Save our Savers
  • When did the OP say they would lie? You've made that up in your head. To busy being high and mighty to bother reading the post?
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    davidmcn wrote: »
    The solicitor will probably only be expected to check that the gift is the parents' funds - I can't remember any lender asking for confirmation that the parents didn't borrow the money.

    They may ask to see the parents bank statements and it may come to light that way. It is very subjective. A parent may pay off their mortgage from savings and then five years later get a loan for the deposit, or they may not pay off the mortgage five years later provide the deposit from savings. These are identical in practice, but some lenders do seem to view them differently.

    Re the way the rest of this thread has gone, it's veered into a ridiculous level of accusations of fraud. The OP has stated they will declare it as gift, which it is. They will not be asked if its a loan to the parents but if it came to light that it was, it seems clear that some lenders would not like this. That doesn't make it fraud or illegal or any of the other guff that's arisen.
  • amnblog
    amnblog Posts: 12,697 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Please skip posts #2 to #15 NH.


    If Dad is happy with it, so is the Lender.
    I am a Mortgage Broker

    You should note that this site doesn't check my status as a Mortgage Broker, 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.
  • NH86
    NH86 Posts: 3 Newbie
    Thanks for all the replies guys, the good and the bad :)

    Yes if I asked, we will of course tell it like it is.

    I'll speak to a mortgage broker just in case as well.
  • Oakdene
    Oakdene Posts: 2,560 Forumite
    1,000 Posts Combo Breaker
    My dad took out a small loan to help me buy a house.


    My mortgage provider, Natwest, requested a letter signed by him stating that the deposit was a gift & that the money wouldn't become payable by me.
    Dwy galon, un dyhead,
    Dwy dafod ond un iaith,
    Dwy raff yn cydio’n ddolen,
    Dau enaid ond un taith.
  • NH86
    NH86 Posts: 3 Newbie
    Oh that is lovely to hear Oakdene :)
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