Mis-sold mortgage claims are hot on the heels of accident claims and payment protection insurance claims and will be much more damaging to the banks and building societies who sold them.
The banks and insurance companies themselves may feel as though they are immune to any claims as many of them used independent financial advisers to sell these products but the signs are not good if you look at the latest information available.
If you feel that you may have been sold a mortgage incorrectly it will be worth looking into as the financial benefits could be quite considerable.
The Financial Services Authority or FSA issued a process known as the Mortgage Code of Business in 2004. This set out strict guidelines for the issue of mortgages and all banks, building societies and financial institutions are governed by this code. However, it now looks as though many of them broke some or many of the rules and could be liable for claims from home owners who are being made aware of the problems with such mis-sold mortgages.
There are several criteria to be met that could affect such claims as follows:
- Mortgages taken out past retirement age
- Self certification mortgage
- Interest only mortgage
- Re-mortgage to pay off debts
- Adverse credit not divulged on the mortgage application
There are other more complicated reasons and it is worth checking with the FSA or your solicitor to understand whether your mortgage was sold in the correct way or not.
Other questions you should ask yourself – are you now in negative equity because of taking out your current mortgage or perhaps you were advised to switch to a different lender by your financial advisor?
Some of these claims could be quite an expensive process for the already beleaguered banks and financial institutions who are already reeling after the sub-prime fiasco of recent years.
One of the main reasons such mis-sold mortgages are being investigated is that the mortgagee could have been left financially worse off than before the transaction. For example, if you already had credit card bills, outstanding hire purchase or loans which were paid off by the new mortgage then you will be paying many years more interest to satisfy these debts.
If you had simply paid off the credit cards and loans from your income then you would be financially better off as the mortgage would only accrue interest for the value of the property you purchased.