Hi there Arabella,(posted 7861 days ago)First off, regarding the application form, yes it could be construed as fraud, however, as you are uptodate with your present mortgage, it would be unlikely that the lender will be concerned and unless they are informed, they will be none the wiser!
Even if you go into arrears and repossession proceedings take place then this fraud issue will not be noticed under current lender repossession processes.
Also if your present lender had underwritten your application form correctly they would have been aware of your husbands past repossession, as most repossessions are registered on a registar for 12 years. It may be that your present lender is a sub prime lender who knew about the past repossession and increased your interest rate to reflect this additional risk.
Your present mortgage would not be affected if this previous lender issued court proceedings unless the lender attempted to bankrupt you. Most lenders state in their terms and conditions if a borrower is made bankrupt they may 'call the mortgage in'.
If your past lender does try to do this then if the CAB are unwilling to help contact the NAMV (see this site).
Finally, I doubt that your lender would raise alarm bells if you write to them asking for copies of: -
Mortgage offer Terms and conditions Application form
Most lenders will oblige with a simple request, however, some padantic lenders may request you send them a SARN, try writing to them first and issue a SARN (see other sections of this site) if they are non complying after 3 weeks.
Best of luck.
Paul