Emyr Pierce

Professional Legal Services | Cardiff

Cardiff: 029 2061 6002

You are here: Home / Archives for falling into arrears

Should I wrap up all debts in first mortgage?

I have three credit card debts and a student loan outstanding – and am about to apply for my first mortgage. Would it be more sensible for me to include those debts in the mortgage application so I end up with one loan?

You will be required to disclose any existing debts or loans which you may have in any mortgage application in any event. The mortgage company will also carry out extensive financial checks against you in order to identify the extent of existing loans, or debts, that you may have before deciding to add to these loans by granting you a mortgage.

This is all carried out by your lender in order to establish that you can actually afford to make the mortgage repayments and that you are not over-burdened with existing liabilities which may result in your falling into arrears with any mortgage repayments.

It may well be that as a condition of your mortgage the lender will require you to settle some existing loans, or consolidate them under the one mortgage loan – providing this meets their lending criteria and satisfies any loan to valuation requirements which they may have.

Before you incur any expense in making any mortgage application you should satisfy yourself that you meet the lending criteria and that all existing loans are fully disclosed as your lender will find out about them in any event!

Shall I tell the mortgage company I rent a room?

Our son has just returned from abroad and will be living at home and paying a small rent to us. Do I need to tell my mortgage company about this?

It is a condition of all mortgages that if you have anyone living at the property, other than the Borrowers, who is over the age of 17 and who resides at the property as his or her main residence, you are obliged to notify your mortgage company immediately as they will require that individual to sign a form effectively postponing that individual’s right to occupy the property in favour of the mortgage company’s rights under the mortgage.

The reason for this is that the Borrowers will have entered into a binding legal contract with the Lender whereby, in return for the money borrowed, the Borrowers charge the property in favour of the mortgage company. This contract is personal to the mortgage company and Borrowers.

In a case 20 years ago it was established that any person other than the Borrowers over the age of 17 who occupy the property as their main residence have the right to occupy that property – a right that ranks in priority to any other interest which a third party may have in the property, such as a mortgage company.

This decision was far reaching and resulted in all mortgage companies addressing the problem by requiring a formal Deed from the occupier whereby the occupier postpones his or her interest in the property.

Failure to obtain such a form would result in your son being entitled to remain living in the property in the event of you falling into arrears on your mortgage and being re-possessed.

You would, however, be liable for any loss suffered by the mortgage company due to your breach of your mortgage conditions.

* Emyr Pierce is Managing Partner of Emyr Pierce Solicitors in Rhiwbina, Cardiff, Western Mail Conveyancer of the Year, specialising in Domestic and Commercial Property. Contact www.emyrpierce.co.uk or email law@emyrpierce.co.uk