If like many people you have a mortgage then you need to understand the legislation that was laid down by the FSA (Financial Services Authority) to ensure that you do not hold a missold mortgage on your property.
Many of these mortgages where missold by what can be loosely termed as financial advisers and is one of the reasons that the world is in such a huge economic crisis. The good news is that if you do hold such a mortgage then you can claim compensation from the financial institution who issued the mortgage to you.
In 2004 the FSA released the Financial Services Authority’s Mortgage Conduct of Business to regulate all mortgages sold to residential homeowners. This publication did not cover buy-to-let or commercial mortgages but was produced to offer protection to prospective homeowners who bought property in the United Kingdom.
The Financial Services Authority’s Mortgage Conduct of Business superseded the Mortgage Code to ensure that the rules were updated and offered greater protection to people embarking on a house purchase using a mortgage to complete the transaction.
What is a Missold Mortgage?
There are many rules to conform to when taking out a mortgage on a residential property in the United Kingdom. One example is that the mortgage does not leave the homeowner financially worse off than before they took out the mortgage. This could come about if the financial adviser recommends that any existing debts or loans are taken into account – also known as debt consolidation. Whilst this is allowable for no-secured loans it is not permitted for a mortgage on a property. The reason for this is that the interest the mortgagee will end up paying out will be far in excess of the interest paid if the loan or credit card was left as a stand-alone financial arrangement from the new mortgage.
Another example of a missold mortgage is where the mortgagee does not declare any existing adverse credit to the mortgage lender by way of the financial adviser. Many such mortgages have been missold in this way and the homeowner can be left with a burden of too many debts which has often resulted in the repossession of the property by the mortgage lender.
One last example to illustrate the irresponsible actions of some financial advisers is where the income of the prospective mortgagee is not declared correctly or declared as a self- certification mortgage where the customer is self-employed. Some instances of wildly exaggerated income claims have come to light and these are not valid mortgage applications.
The best way to start the process if you believe you have a valid complaint is to contact the Financial Ombudsman to report the problem and see if you are one of the many missold mortgage customers.
If you require help with this then contact us now at missold mortgages where we can have a quick informal chat with you about your circumstances.
Visit our website at mis sold mortgages for more information.
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