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Residential Management Group (RMG) Contract Vs Lender (HSBC)

Has anyone successfully bought/is buying a property subject to a RMG estate management fee contract and been able to secure a mortgage?
HSBC will not lend at all, not even with an indemnity policy, unless there's a deed of variation - which the company is reluctant to agree to.
We are desperate to resolve this any way we can, whether it's change the company's mind or find an alternative lender, as we risk losing our house purchase/sale as do the other 5 parties in the chain below and we would not be in a position to try and buy again. There's also the fact that this house would be rendered unsaleable. 
Any help appreciated!
Property buying/selling timeline - currently into week 21
04/12/20: Both properties listed for sale
11/01/21: Offers accepted on both sales & on our joint purchase
25/01/21: Identity checks completed, solicitors instructed
27/01/21: Purchase survey & valuation complete, mortgage offer received 
05/02/21: Reduction agreed on partner's sale (under-valuation) & on purchase. Mortgage offer amended
08/02/21: Buyers pack returned to solicitor - sellers packs already returned
26/02/21: Partner's sale contract signed
10/03/21: Purchase searches all back
16/03/21: My sale contract signed
28/03/21: Purchase enquiries satisfied, Title Report & contracts issued, contracts signed & returned
11/05/21: Still waiting on final enquiry in the adjoining chain to be resolved. Consent to break the chain granted, instruction to move to exchange given.
17/05/21: All parties agreed to June 3rd for completion
27/05/21: Exchanged on my sale only
28/05/21: ALL EXCHANGED!
03/06/21: Completion

Comments

  • SallyDucati
    SallyDucati Posts: 573 Forumite
    Sixth Anniversary 500 Posts Name Dropper
    Is there a sort of rent charge fee that HSBC are concerned about?  

    Looks like RMG are the company whoever controls the communal areas of the estate has appointed (as RMG are a particular company).  I imagine RMG themselves aren't HSBCs issue, but what is in the contract that you have to pay to some company annually for upkeep of communal areas.

  • eddddy
    eddddy Posts: 17,824 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    So is the property leasehold or freehold?


    It sounds like there is a condition in the lease (or deed of transfer) which HSBC are unhappy with. As a starting point, you need to find out what that specific condition is. (Your solicitor should have told you.)


    Often it's a problem with an onerous (i.e. very high) ground rent. 
    Or it could be a problem with an onerous (i.e. very high) service charge, but typically, that can't be rectified by a deed of variation.
    Or it could relate to the action that can be taken against you, if you get into arrears (or break a covenant)


    It's quite likely that the issue is with a freeholder rather than with RMG.


    So essentially, there is something that's 'bad' in a lease or deed. You should find out what it is before looking for another lender. You might not want to buy the property at all when you find out what the bad condition is.



  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I know a block managed by RMG (not that well, not that badly) and people are buying and selling there all the time. So whatever it is, as the others say, the issue is unlikely to be as your describe.

    The fact that the apparent solution is a deed of variation indicates that it is a problem with a term in the lease. 

    RMG will manage on behalf of a freeholder and ultimately something like that would be their call. Who is your freeholder?
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