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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10395
Experience:  Barrister 17 years experience
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Hi I have a mortgage which I believe matures in 2020. My

Customer Question

Hi
I have a mortgage which I believe matures in 2020.
My mortgage provider says that when I had a further advance some 6 years ago, the term changed to 5 yrs, so is now overdue for repayment.
I dont have a 'vehicle' in place other than significant equity. I have agreed - reluctantly, to sell our home and buy a cheaper property.
I asked them for a copy of the paperwork as I am genuinly convinced that I am right. They have written to me to say that they cannot find my 'original offer of loan'. They also telephoned to ask what I would like to do?
Any advise would be greatly appreciated.
Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.
Hi Nicola. Please continue looking for a response for me. Many thanks.
Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.
Please continue.
Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Buachaill replied 3 years ago.
1. Here you should insist on your rights and require the mortgage to continue until 2020. Now that there is no documentary evidence, then it is purely your word against their word. So if your recollection is that the term of the loan was to continue until 2020, without the term being shortened when more monies were advanced several years ago, then you should insist on your rights in this regard. It appears to me that someone in the lender conveniently "lost" the paperwork when it did not agree with their preferred outcome. So you should not be at a loss on this account. So hold onto your house and insist on your rights, that the mortgage term continues until 2020. Be aware that if you are ever sued in a court of the bank will not be able to prove their case that the loan term was shortened. So once you raise the case that the money is not owing until 2020, then this is what will happen, as the onus is on the lender to prove their case.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10395
Experience: Barrister 17 years experience
Buachaill and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Many thanks for your advice.


One more 'cheeky' question regarding the 'loss' of the documents.


Would I be pushing it to ask for a reduction in the mortgage balance in view of the fact that they do not have a contract which includes the current amount?


 

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