confused over mortgage repossession - SCOTLAND

[stress]

Hi, Could any one shed some light!

 

I purchased a second property for my mother and it was non regulated, she occupied it 100% for 4 years.

my lenders Solisitors instructed my mother to move out giving her a date to do so, she was told she had no rights to occupy or go to court for stay of eviction as she was not a spouse or child of mine.

 

Dispite removing my mother, it took the lender 1 year to get a decree and another three months to repposses the property.

 

Q. If the property had a regulated mortgage would she have had any legal rights?

 

Thanks in Advance

[ims21]

Two threads merged and tidied

[stress]

Thank you for tidied thread, this is a complex case in cross border disput, will it also be seen in England.

Thanks?

[citizenB]

This might help.

 

 

http://www.moneyadvicescotland.org.uk/content/resources

[stress]

This might help.

Thank you! they dont have advisor who could assist.

[citizenB]

A regulated mortgage would have given her legal rights, yes.

 

Can you perhaps give us more detail. Why was your Mother asked to move out, if you owned the property ?

[stress]

I fell behind in payments, the lender did not send any formal letters to my contracted address, I complained that I was not receiving correspondence from them. In a letter to my mother from the lenders Sols, it stated that my mother was not my spouse. It gave her 2 months from the date of the letter to vacate the property! In formal compliant the lender now states my mother left of her own free will, I have the letter from the lenders Sols who refused to give me a copy until I got F.O.S to intervene and demand I get a copy of the letter! I know my mother occupied more than 40% of the property and it should have been regulated.

Thank you for response

[citizenB]

TBH, I really don't know what you can do.

 

Have you considered make an official complaint to the Financial Ombudsman ?

[stress]

http://www.legislation.gov.uk/uksi/2001/544/article/61/mad

 

The Financial Services Market Act2000 (regulated activities) order 2001 article 61(3)(a)(ii) & (4)©(iii) also the contents of MCOB 1 Annex 1 being carried out in relation to a regulated mortgage contract. section 2(1) of the Misrepresentation Act of1967

 

I can’t understand how my Mum got kicked out, it took over a year to repo property! three months after kicking her out I got demands for payment. F.O.S I can re apply my compliant not happy to do that, BCOB is the way forward.

 

Q. Regulated would they have kicked her out.

 

Q. what right did they have kicking her out unregulated.

Edited May 1, 2013 by stress

[caro]

I don't know the answers, but was the mortgage provider aware that the property was not for your own use?

 

It is usual for second mortgages to be unregulated which seems to remove a lot of borrowers rights.

 

I believe that this is something that the new Financial Conduct Authority may be looking at, but that doesn't help you now.

 

Who is the lender?

[caro]

I fell behind in payments, the lender did not send any formal letters to my contracted address, I complained that I was not receiving correspondence from them. In a letter to my mother from the lenders Sols, it stated that my mother was not my spouse. It gave her 2 months from the date of the letter to vacate the property! In formal compliant the lender now states my mother left of her own free will, I have the letter from the lenders Sols who refused to give me a copy until I got F.O.S to intervene and demand I get a copy of the letter! I know my mother occupied more than 40% of the property and it should have been regulated.

Thank you for response

 

Who occupied the other 60% and why do you think that it should have been regulated? If it was your mortgage and a second one then I believe that would be unregulated?

[stress]

I don't know the answers, but was the mortgage provider aware that the property was not for your own use?

 

It is usual for second mortgages to be unregulated which seems to remove a lot of borrowers rights.

 

I believe that this is something that the new Financial Conduct Authority may be looking at, but that doesn't help you now.

 

Who is the lender?

On the Mortgage application the tick box stating "will the property be occupied by a relative" Yes was ticked but I think this has gone unnoticed when being prepossessed.

If the property is occupied 40% by parent, brother, sister spouse then must be regulated.

Would do me no harm to contact the new Financial Conduct Authority they might be able to shed some light.

[stress]

Who occupied the other 60% and why do you think that it should have been regulated? If it was your mortgage and a second one then I believe that would be unregulated?

Mother occupied 100% of the property!... must be regulated if more than 40% is occupied by spouse, parent, brother, sister

Formal compliant to lender came back stating "we have investigated your compliant sorry you felt the need to complain good bye" nothing to say we think this is what has happened or our records show, Just we have investigated your compliant.

Edited May 8, 2013 by stress

[stress]

Confused!. Maybe someone could shed some light as to how this is right. I bought a property for my mother to live in, I got into difficulty paying the mortgage due to divorce proceedings. The lender was sending correspondence to my mother’s address not the contractual address the mortgage was taken out on (my address) the lenders told my mother to vacate the property giving her 2 months to do so, this was done before any court decree was granted, she moved out exactly 2 months from date of letter! Decree was granted to the lender 6 days later. Can’t get my head round this bit, I was confirmed by the lender as proprietor of the property! I did not live in the property so it was empty and vacant, the lender states my mother was told to leave so vacant possession could take place, I was responsible for the property insurance, maintenance so forth, 4 months after removing my mother I receive alerter saying you are in arrears please let us know what you intend to pay(done that) 8 months later they reposes, with the intention of getting vacant possession. Confused how could they remove my mother before decree, allow the property to remain vacant for 1 yr stating that I am the proprietor, my responsibility! Property was not Buy to let but re mortgage.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?389265-Regulated-Mortgage

 

Stress, is this thread in respect of the issues in your thread linked above ?

[stress]

Yes, it should be in the Scottish cag! sorry

[citizenB]

Not a problem, I will merge both threads else people will not have the full story You don't have to do anything at all.

[stress]

Pre Action Requirements

1. Standard arrears letter

2. Notice of default

3. Calling up notice

4. Decree for repossession.

 

I believe that the only time a lender can evict any one from a property is only after decree has been granted, am I wrong?..