Yes that's right.
This is a statement I just put together:
In 2008, H. Balfour purchased a property known as Bernside, from us. The sale price was £170,000.
As Balfour was unable to obtain a commercial mortgage because she had no regular income, the purchase was concluded with a payment of £80,000 and a mortgage from us of £90,000 for 12 years. The mortgage was larger than initially agreed because Balfour wanted to carry out modifications to the property.
Balfour requested that the monthly mortgage payments be fixed as she "found this easier to budget for." It was agreed that the repayments would be fixed for the first two years and then we would consider setting a fixed rate for the remaining 10 years. The monthly payments were £412.50 paid by standing order which she instructed her bank to pay each month for the two year period.
Just prior to the second anniversary in April 2010, Balfour asked us if we could set a fixed rate for the remaining period as she was "much happier knowing exactly what the repayments would be each month."
We discussed this and decided that we were happy if the monthly repayment remained at £412.50 for the remainder of the mortgage period. We confirmed this with Balfour and she said she was happy with that and agreed to it.
She asked if she needed to change anything at the bank and if the standing order needed to be changed in any way as it had been set up only for two years. We said that the standing order could remain exactly as it was and she just needed to instruct her bank to let it continue.
The standing order continued to be paid each month at the fixed rate of £412.50 and has continued [for over 5 years] to date.
Up until this time no dispute has been raised by Balfour as to there being anything wrong with the payment amount.
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Last year my mother passed away and following on from this, earlier this year, my wife and I had a meeting with our bank to review our finances. The bank looked at the mortgage to Balfour and as it would be due for repayment in a few years asked if we knew how she would manage to repay it. We said we were not sure how she would do this, but perhaps she would be able to get a commercial mortgage this time to repay us. Our bank said that considering her age she needed to be sorting this out sooner than later as by the time our mortgage was due for repayment she would find it very difficult to take out a mortgage let alone at a manageable rate or term.
To be helpful I mentioned this to Balfour. She said that she had been advised that she could get a mortgage for much lower payments than what she was currently paying us. I said that our mortgage could be paid off at any time if this was so or if she now had the funds available. In fact this would also be beneficial to us. She asked if she had to pay our mortgage off earlier. I said that it still had four years more to run, but it would make sense if she could raise a mortgage cheaper for her to do so.