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MikeyM

Webb Resolutions

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Hi,

 

GMAC have sent me a letter to say that they've transferred my mortgage to Webb Resolutions Ltd. www.webbresolutions.com

 

Is this legal?

 

any advice?

 

Thanks

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Hi Mikey,

 

When you say transferred it is not clear whether the mortgage has been sold to Webb Resolutions or GMAC have just instructed them to administer the loan on their behalf.

 

From Webb Resolutions' website it would appear that they are in the business of purchasing loans rather than simply administering them so I presume that is what has happened to your account. This issue is open to some debate and many people dislike the practice but it is legal. Usually the terms and conditions of your loan (if you go through all the small print) will give the lender authority to assign the loan.

 

The legal process by which the loan is sold is called assignment. Section 136 of the Law of Property Act 1925 provides the legal framework for assignment of debts (including mortgages):-

 

136.

Legal assignments of things in action.

(1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice

(a)

the legal right to such debt or thing in action;

 

(b)

all legal and other remedies for the same; and

 

©

the power to give a good discharge for the same without the concurrence of the assignor:

 

Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice

 

(a)

that the assignment is disputed by the assignor or any person claiming under him; or

 

(b)

of any other opposing or conflicting claims to such debt or thing in action;he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925.

 

 

(2) This section does not affect the provisions of thePolicies of Assurance Act, 1867.

 

What all that means is that when you have been given notice in writing (by either GMAC or Webb) the debt is legally owned by the assignee (Webb) and they are the party who is entitled to receive payments or sue if payments are not made.

 

The assignment should not really make much difference to the running of your mortgage other than where your payments go but if you find Webb are raising charges or treating you differently from how GMAC treated you, you might have cause to complain.

 

Hope this helps.

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Thanks so much.

 

I'll wait with baited breath..

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