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Is this a mis-sold mortgage?

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System
System Posts: 178,351 Community Admin
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This discussion was created from comments split from: Was I miss-sold when taking out mortgage?.
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  • Hi long story short ..we have a house but took out morgage on a second property first house had a endowment policy shortfall of 7k which we understood we took the new morgage out with the 7k being paid to house which was then fully paid off leaving us with knew mortgage for second property however 12 years later sold second property to realise that no morgage on that but on house which was security for morgage we were not made aware that our main house was security against the morgage hope this makes sence is this been a missold morgage? 
  • dunstonh
    dunstonh Posts: 119,764 Forumite
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    Hi long story short ..we have a house but took out morgage on a second property first house had a endowment policy shortfall of 7k which we understood we took the new morgage out with the 7k being paid to house which was then fully paid off leaving us with knew mortgage for second property however 12 years later sold second property to realise that no morgage on that but on house which was security for morgage we were not made aware that our main house was security against the morgage hope this makes sence is this been a missold morgage? 
    You should start your own thread and not use an unrelated one.   You may also wish to tidy up what you have written as its unclear what you are talking about.
    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.
  • MWT
    MWT Posts: 10,273 Forumite
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    Hi long story short ..we have a house but took out morgage on a second property first house had a endowment policy shortfall of 7k which we understood we took the new morgage out with the 7k being paid to house which was then fully paid off leaving us with knew mortgage for second property however 12 years later sold second property to realise that no morgage on that but on house which was security for morgage we were not made aware that our main house was security against the morgage hope this makes sence is this been a missold morgage? 
    Not understanding the mortgage product you have taken is not in itself grounds to claim it was mis-sold, especially as you would have received and signed various documents that made it clear which property was being encumbered.
    From the sound of things you took out a new mortgage on your first property which provided sufficient cash to clear the shortfall on the original mortgage and purchase the second property outright.
       

  • silvercar
    silvercar Posts: 49,625 Ambassador
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    edited 16 November 2024 at 8:37PM
    Hi long story short ..we have a house but took out morgage on a second property first house had a endowment policy shortfall of 7k which we understood we took the new morgage out with the 7k being paid to house which was then fully paid off leaving us with knew mortgage for second property however 12 years later sold second property to realise that no morgage on that but on house which was security for morgage we were not made aware that our main house was security against the morgage hope this makes sence is this been a missold morgage? 
     I’m not sure it really matters which property the mortgage is secured on. At the end of the day you could use some of the proceeds of selling the second property to clear the mortgage on the first property.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • penners324
    penners324 Posts: 3,516 Forumite
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    Doesn't look like misselling.

    What happened every time you remortgaged? Should have been obvious at that point even if not when the original was taken out.
  • amnblog
    amnblog Posts: 12,730 Forumite
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    Are you saying

    You owned house one, then bought house two

    You believed you had taken a new mortgage secured on house two but having now sold house two, you find that new mortgage was secured on house one?
    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.
  • Hoenir
    Hoenir Posts: 7,742 Forumite
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    Did you release funds from property one to secure the purchase of property two?  Have you not receved mortgage statements for the past 12 years showing this debt as being owed? Likewise paid interest every month. 
  • MWT
    MWT Posts: 10,273 Forumite
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    Hoenir said:
    Did you release funds from property one to secure the purchase of property two?  Have you not receved mortgage statements for the past 12 years showing this debt as being owed? Likewise paid interest every month. 
    That seems to be what they are saying has happened, it would have been cost of house #2 + £7,000 to clear the shortfall on previous mortgage on house #1.
    Without knowing the relative values of the two properties it is difficult to be sure if it was even going to be possible to have done it the other way around...

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