theForum

Changing mortgage & disclosure


https://forum.unlock.org.uk/Topic7625.aspx

By Moss - 13 Feb 10 10:50 PM

Hi,
 

Just wanted to update members of what happened to me when I needed to change my mortgage.  Initially I looked at Unlock website and looked at which mortgage lenders asked about criminal convictions and which didn't.  I did a bit of research and Abbey-Santander which previously didn't ask about conviction now had on website that they won't lend if you have a conviction.  Then I contacted Lloyds who didn't raise the issue so I didn't disclose since I wasn't asked.  Then when I contacted a conveyancing solicitor and disclosed my conviction she said that now that I had told her she would have to write to the mortgage lender and disclose my conviction because it was as far as she was concerned a "material fact".  If I hadn't disclosed the information then she would not feel obliged to tell the lender.  I didn't sign any agreement papers with that solicitor and I changed conveyancing solicitor.  This time I decided not disclose unless I was asked.  The new solicitor didn't ask, so I didn't need to disclose. My mortgage went through.  Incidently the first solicitor didn't ask me to disclose, I just did because I stupidly thought I had to disclose all to my solicitor.  It was very stressful since I was under pressure to re-mortgage for various personal reasons and despite the fact that I've got a job and rebuilding my life, it's disappointing that some lenders and some solicitors won't give you a chance but if you look hard enough you'll find someone who will.

 

Moss

 
By Tough - 11 Feb 11 12:54 AM

Is your conviction spent as you usually dont have to disclose spent offences.
By Christopher Stacey - 18 Jun 08 1:26 PM

Moss - this is an issue we have come across before and is something we cover in the guidance on the website, because if you disclose to a third-party, such as a broker or conveyancer, it is possible that they will disclose even if you wouldn't ordinarily have to. It is certainly something to watch out of in the future.
By Moss - 13 Feb 10 10:50 PM

Hi,


In answer to a query on my posting.  My conviction will never be spent.  I am learning to get through life with this fact.  I hope my experience of re-mortgaging will be of some benefit to other members.


Moss