non exsistence mortgage agreement

[realdeal5]

Hi...found this site in my desperate hour of need....very informative...!!

I took out a 2 yr fixed rate mortgage in Nov 2004. Due to extremely poor admin from the banks side and x3 mortgage agreements later the information on the agreement was still incorrect. Namely incorrect end date. I was told to sign the 3rd agreement by the bank which , although stating they were offering a 2 year fixed rate it had an end date of 18 months. The bank stated that if I signed this they would look at putting me on a favourable rate after 18 months. Call me cynical but as they wouldn't confirm this in writing I refused to sign this agreement. Completion took place without any signed agreement. After the initial 18 months and 8 letters from myself they refused to acknowledge any reference to our previous conversation. I had asked for a 2 year fixed rate so I could budget throughout this period and although they had handed more money on a plate to me than my salary covered, I felt a complete lack of interest and help on their part. I struggled to find this additional money I failed to keep up with the additional charges as after 18 months was put on the standard interest rate. This has now affected my credit rating and I am no longer able to remortgage with another leader. I have now been on the standard rate with my bank for almost 2 years, and still fighting my cause. No answers from the bank and they have agreed they dont hold a signed mortgage offer. Since November I haven't made any payments and have written to them to advise as such. Still no interest. . I have spoken to their litigation department who have no interest in there being no signed agreement.
I now have a pending court order for repossessing for the 24 th April 08. I do have sufficient monies in the bank to stop this BUT do I actually owe NatWest anything as there is no agreement in place...??? Any help would be greatly received.

[freakyleaky]

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[Bona]

Im no expert but if they dont have a signed mortgage deed they dont have a mortgage on your property they have given you un unsercured loan At any repossession hearing they will have to produce the mortgage deed in order to get possession it could be interesting just bear in mind that if they havnt got a mortgage you could be in trouble with rate of interest on a loan not sure on this one

[realdeal5]

Thanks for the above help. The amount in question is a mortgage of approx £140k so i'm not sure that this can be classed as an unsecure loan as I understand this is up to £25k. Still bemused at NatWests complete lack of interest and help.

[Bona]

I sugest you go on the Land Registry Web site and see if they have regerstered the Mortgage they would not be able to if they do not have a signed Mortgage deed. it will cost you a fiver I think

[realdeal5]

Have checked with land registry and house is registered in my name by NatWest along side a 2nd charge on the house...My solicitor did contact me a year or more after completion as NatWest were trying to get a copy of a signed mortgage agreement. I told him I didnt sign it and never heard from him again. The bank have sent me a copy of the agreement that they hold....unsigned....not sure where to go from here....?????

[Bona]

Sorry dont understand house would be registered in your name it should then register Nat West as as a ist charge as Mortgagee who is the second charge with

[realdeal5]

Sorry I didn't make the above very clear. NatWest are down as 1st charge. 2nd charge is an additional loan with Central Trust...thanks

[Bona]

You should be able to get a coy of the first charge papers from the land register to see if they have listed it as a mortgage in which case a deed will be there I sugest you ring them on monday and see what they say

[realdeal5]

Many thanks for your advice Bona. I will be on the phone to the land register office first thing tomorrow.

[realdeal5]

spoken to land registery...need to put request in writing. Looking back I received no copies of any documentation from my solicitor during this house purchase. I may well have signed a mortage deed at their premises but definately didnt sign the mortgage agreement. Does a mortage deed overide this.? What are the implications of a mortgage deed in place but no signed agreement.?. thanks

[realdeal5]

can anyone offer advice.....????????????
No mortgage agreement....pending court case for repossession on 24th April....do I pay arrears that the bank are claiming..??? Bank have not corresponded to 5 letters regarding the 'nono agreement' since November 07 and I in formed them at that date I was no longer paying. Please help....................

[Bona]

The way I see it you have borrowed the money and it sercured on your house the bit that is missing is the agreement as to interest and fixed rate period therefore I think you MUST pay at least then you are in the right at the court hearing you can ask for an order for them to produce the agreement I suggest you pay the amount that would be due if the fixed rate had stayed the same and plead that that was the rate you took out the mortgage at and untill they can prove differently that is the rate you have to pay perhaps they will keep it at that rate which must be advantagous to you you can tell the Judge that you have tried to get then to sort it but they wont and you need the court to make an order for them to produce the documents If by some fluck they produce the document in court you can plead ignorance that they have not answered your letter work out what if any the arreas would be at the fixed rate and see what it comes to

[realdeal5]

Hi Bona..thanks for the above....I dont really want to go to court, never been there and the thought terrifies me. Should I pay what they are asking for to bring the account up to date..? Then try and take the matter further once more. I have NatWest solicitors details as they have wriiten to me. Would it be incorrect protocol to contact them directly to explain the situation and hopefully the hearing will be put on hold while they investigate. Bearing in mind NatWest have done absolutley nothing to even acknowledge this situation in writting ( although verbally x2 conversations with the litigation dept & x 2 with mortgage servies who confirmed information held on their system confirms no agreement but uninterested in further investigation ) Even the copy of the non signed agreement took over a year to obtain and arrived with no correspondence what so ever. Surely they must have had some legal guildlines to follow. I dont even know the correct arrears on the account as they have not correspondece with such. thanks once again

[Bona]

In my opinion court is the only way your going to sort this dont be scared pay what you think you owe we will help you with a statement but untill they have pressure put on them it will never be sorted courts are there to give directions and they will make NAT west get there house in order in the meentime you could try writing to there solicitors.

[realdeal5]

Thanks for that Bona. Do you advise that i instruct a solicitor to represent me in court.? I will pay what I feel I owe tomorrow then fight for the rest. In nearly 4 years because of all of the charges they have administered I have only reduced the balance by £1500 with a monthly installment of £1100. I will also email the solicitors with a brief overview tomorrow. If I go to court will I then have a CCJ against my name..???

[Bona]

representation is your chose I use to find solictors always said that I couldnt do this or that that I couldnt say this or that so I always represented myself get your case together and if you need help we can help you but u must make the decision have you a statement showing all the charges they have put on