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what solicitor for a mortgage dispute?

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what solicitor for a mortgage dispute?

8 replies 321 views
Hello all

One of my parents died this month, and I am trying to sort out their affairs on behalf of the surviving family.

They had a mortgage on the family home still outstanding and there are some issues with it regarding the term, rates etc., which I want to challenge the lender on.

The trouble is, I need professional advice but I do not know what sort of solicitor to be using. When I google the matter I only get back conveyancing solicitors!
So can anyone help point me in the right direction?

Many Thanks

Replies

  • JMA74JMA74 Forumite
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    Dispute resolution solicitor? 

    Although you are surely probably best using the lenders complaints procedure and then taking to ombudsman? 
    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.

    please do not contact to request representation
  • edited 29 April 2020 at 12:21PM
    ThrugelmirThrugelmir Forumite
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    edited 29 April 2020 at 12:21PM
    Is employing a solcitor going to be cost effective? Contractual terms of mortgages are well established. Having a personal view isn't grounds for complaint unfortunately. A court is an expensive place to argue a point of principle. 
    It's not whether you're right or wrong that's important, but how much money you make when you're right and how much you lose when you're wrong." — George Soros
  • davidmcndavidmcn Forumite
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    Hello all

    One of my parents died this month, and I am trying to sort out their affairs on behalf of the surviving family.

    They had a mortgage on the family home still outstanding and there are some issues with it regarding the term, rates etc., which I want to challenge the lender on.

    The trouble is, I need professional advice but I do not know what sort of solicitor to be using. When I google the matter I only get back conveyancing solicitors!
    So can anyone help point me in the right direction?

    Many Thanks
    You might want to give us some idea of why you think you have grounds to challenge the lender before you bother to engage lawyers, as I strongly suspect this will be a waste of time and money.
  • ACGACG Forumite
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    Speak to the lender in the first instance as JMA says, if you are not happy you can then take it to the financial ombudsman, they look at things from a fairness perspective as well as legal. 

    If you are not happy with that, you can then still go to court as the ombudsman decision is not binding on you. Although you may find the lender uses the ombudsman decision in any defence - it will all depend on the details. 
    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.
  • LRmortgageLRmortgage Forumite
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    If you put up some brief details of what the issue is, some of us might be able to give you an idea of whether you are barking up the wrong tree or not. 
    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.
  • md258md258 Forumite
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    Is it possible that your parents took additional borrowing at some point and you either haven't found or they didn't keep all the paperwork that went with it?

    Following the complaints procedure should tell you that and prevent you having to pay a solicitor when there is a simple reason for the figures not matching what you think they should.
  • dunstonhdunstonh Forumite
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    They had a mortgage on the family home still outstanding and there are some issues with it regarding the term, rates etc., which I want to challenge the lender on.

    Have you identified a genuine failure or are you falling for those adverts from claims companies pretending they can get money back for you?


    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.
  • london-doglondon-dog Forumite
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    Thanks all. I will look into it with the lender
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