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I Owe Insurance Company £334,000 due to Voided Insurance

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Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    If there's a mortgage then the mortgage company own the house until it is paid off.
  • Arklight wrote: »
    Oh golly, here we go. All the unqualified internet barristers are dusting off their wigs.

    Seriously OP, head to the CAB and get some proper advice.

    For someone that has a noticeable disdain for the motoring forum and the people who post on it, you seem to spend an awful lot of time reading and replying to comments posted.
  • GDB2222
    GDB2222 Posts: 26,286 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    DoaM wrote: »
    If there's a mortgage then the mortgage company own the house until it is paid off.

    So, I have a house worth £250k, say, with a mortgage of £5k left against it.

    You are saying I own nothing? But the day I pay off the last £5k, I suddenly own the £250k house? I don't think all that many people would agree with you.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    Arklight wrote: »
    Oh golly, here we go. All the unqualified internet barristers are dusting off their wigs.

    Seriously OP, head to the CAB and get some proper advice.


    Who better to ask than a barrack room lawyer?????
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    DoaM wrote: »
    If there's a mortgage then the mortgage company own the house until it is paid off.

    Very wrong. Very, very wrong.


    The freeholder owns the house. The mortgage company have a charge on the house which gives them the right to repossess for non payment.


    If the mortgage company owned it, the 'owner' in this case would be a tenant.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 8 November 2019 at 4:02PM
    phill99 wrote: »
    Very wrong. Very, very wrong.


    The freeholder owns the house. The mortgage company have a charge on the house which gives them the right to repossess for non payment.


    If the mortgage company owned it, the 'owner' in this case would be a tenant.

    Yes, you're correct. The end result is still the same though ... if the house sells for £100k and the mortgage value owed is £95k, the "owner" gets £5k not £100k. :) And if this was an endowment mortgage (unlikely these days, but you never know) then there may be nothing at all left over - in fact the mortgagee may even still owe the mortgage provider.

    I apologise for my previous over-simplification - in my defence, you can see to whom I was responding. ;)
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    fred246 wrote: »
    There can't be many 49 year olds without any money at all.
    There can be plenty.

    Remember, a hell of a lot of people aren't home owners, and don't have any savings.
  • GDB2222
    GDB2222 Posts: 26,286 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    DoaM wrote: »
    Yes, you're correct. The end result is still the same though ... if the house sells for £100k and the mortgage value owed is £95k, the "owner" gets £5k not £100k. :) And if this was an endowment mortgage (unlikely these days, but you never know) then there may be nothing at all left over - in fact the mortgagee may even still owe the mortgage provider.

    I apologise for my previous over-simplification - in my defence, you can see to whom I was responding. ;)

    Actually, that's completely wrong. The mortgagee is the lender, not the borrower. :) (Is there a smart alec icon here somewhere?)

    Since everyone gets confused between mortgagee and mortgagor (myself included), I just stick to lender and borrower.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • Dr_Crypto
    Dr_Crypto Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I’m amazed that the FOS allows Insurers to send out waivers at all. Given how protective they generally seem to be to the public (see PPI) why do they permit Insurers to basically get themselves off the hook?
  • Dr_Crypto wrote: »
    I’m amazed that the FOS allows Insurers to send out waivers at all. Given how protective they generally seem to be to the public (see PPI) why do they permit Insurers to basically get themselves off the hook?


    Is the waiver relevant or is it belt and braces? Can't the insurer recover the pay out from the OP anyway?


    They aren't really getting off the hook. The OP effectively wasn't insured.


    I'm sure they've got no practical hope of recovering £300k though
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