We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Bad Mortgage Advice... What are my Rights?

In short, my partner and I are buying a new build property.

I have a financial advisor which is a company I used to do a remortgage for me some years ago. They have provided a good service in the past.

We took advice regarding mortgages as my partner has a default which dates back to 2008. They found us a mortgage with a company which specialises in applicants with adverse credit history.

Shortly after they started looking at mortgages for us we discovered that in order to reserve a plot we had to be in a position to move straight away so the IFA suggested that I change my existing mortgage so that the property could be let, enabling me to keep that mortgage. My partner also has a property but the IFA said that we could still complete the new mortgage if that property had not sold because lenders generally give a three-month grace period to enable an existing mortgage to be settled. We went ahead and followed the advice and let my house and moved in with my parents while we wait for the new house to be built.

We got the mortgage offer but then our solicitor pointed out that a condition of the offer said that both of our properties needed to be sold and the mortgages settled in full.

The IFA then searched for a replacement and we were told that we could borrow enough up to 90% LTV which would be fine. That all went through, but then when we got to the stage where the offer was about to be issued it turned out that the max LTV for a new build with the lender was 80% so we could not borrow enough and would have to find over £10,000 extra for our deposit to meet the purchase price of the house.

The new house should be completed within the next few weeks, and I am now in a position where I am unable to exchange contracts because I do not have a suitable mortgage in place, despite the fact that I have applied, and been accepted on two mortgages which were not suitable to meet my needs. On top of that I am unable to move back to my existing house because it is occupied by a tenant and the conditions of the consent to let on my mortgage say that I am not allowed to live at the property until the consent to let expires in June next year.

That is the sort version of a very long story! I just wanted to know what my rights are. If I can find the money to cover the shortfall and continue with the most recent mortgage at 80% which we have had agreed, can I then recover some of that cost from the IFA based on the fact that they have applied on my behalf for two unsuitable mortgages? Also, I have paid valuation fees for two mortgages totalling about £570 for mortgages which were effectively useless to me but my main concern at the moment is whether I can get back some of the extra £10k+ I will have to find to be able to buy the new house.

I know this has been a long thread to read, but if anyone could offer me any advice it would be greatly appreciated as I'm worried I'm going to lose my dream house because of an inept financial advisor.

Thanks

Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would seek reimbursement of your costs. There'll be another dream house in the future. First get your existing properties sold. So you are in a position to do so.
  • kingstreet
    kingstreet Posts: 39,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As "the extra £10k I will have to find to be able to buy the new house" will be increased equity in the property, it isn't a cost.

    No-one is going to fund this for you from the results of a complaint.

    It sounds like your broker isn't very thorough/knowledgeable, both on let to buy business and on newbuild and they should refund any fees you have paid.

    I would be speaking to another broker, rather than trying to fit your round peg into the current broker's square hole.
    I am a mortgage broker. 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 send PMs asking for one-to-one-advice, or representation.
  • tvfreek
    tvfreek Posts: 142 Forumite
    This is a sad story of using a broker.

    I think there probably is grounds for a complaint, reimbursement of fees and possibly any losses as a direct result of the advice.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Are they definitely an IFA (emphasis on the I)?
    Thinking critically since 1996....
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I agree that you're not going to get anyone to reimburse you the £10k, whatever happens.
    But if, for example, you have money tied up in a fixed rate savings account where you'll pay a penalty to get to it then you may have an argument for getting the IFA to fund that penalty.

    What to do will depend on how easily you can get your hands on this £10k.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.3K Banking & Borrowing
  • 253.6K Reduce Debt & Boost Income
  • 454.3K Spending & Discounts
  • 245.3K Work, Benefits & Business
  • 601K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 259.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.