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Mortgage Inconsistancy

from Steven Waterhouse (steven.waterhouse@bently.com)
My wife has a mortgage on a house with the Halifax, she is at the stage where she can exchange the contracts on the sale of this house. However the Halifax has stated that the house is un-mortgageable to our buyers due to the result of a mining search and the sale may fall through. The adjoining houses are also Mortgaged with the Halifax and this mining search was the same when all three houses were mortgaged with the Halifax in the past, in fact the other two houses are closer to this mine shaft highlighted by the search.

Is there a legal requirement that the Halifax must be consistant, our buyers mortgage is lower than what my wife owes so they would be reducing the risk if anything? If this sale does fall through are we justified in giving the Halifax the keys on the grounds of inconsistancy and negligence?

my wife also has shared ownership of my house, will the bank be able to pursue the debt from this house if she hands the keys in to her old house? Am I best to have the mortgage for this house in my name alone?

(posted 8645 days ago)

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