Mortgage agreement not signed by Lender

[duncanb]

Can anyone please advise. I was unfortunately evicted from my property 5 years ago... ( I wont go into the full story as It will take forever) anyway. we had the usual Debt Debt Debt... we moved out lived with in-laws (nightmare) started renting. eventually we ended up back at In-laws, now we are in a Housing Association Property.....the Crunch.

 

Our second Charge/Mortgage company who took almost double the value of the mortgage OUT OF THE SALE OF OUR PROPERTY, found us here and is now pushing for more money.... I have made the collection company work hard and they have provided me with a copy of the original contract of the loan...This has not been signed by a representative of the mortgage company, someone has just wrote the "name of the company" even though it clearly states. "Signed on Behalf of the COMPANY NAME" is this Legal ? Is it enforceable ?

 

I already intend to take the company to court for Irresponsible lending, I would really love to be able to Get this Sub Prime lender real good.

 

Please assist

 

 

regards Duncan

[Lea_HTH]

Forget the agreement - even if it wasn't enforceable because it wasn't signed (highly unlikely), the legal principle of Equity would have come into play the moment you accepted the cash advanced, let alone the payments you made thereafter, indicating your acceptance of the agreement; plus this would have been an issue to raise during the repossession proceedings - not some five years later - not that it would have made any impact there either, given the aforementioned principle.

 

Sorry to disappoint, but you should focus your energy on perhaps trying to reclaim some of the unfair charges (if any) that were applied to your account, thereby leaving you owing far more than you borrowed in the first instance. This is likely to produce a better outcome for you than pursuing something that ultimately will lead to a dead end.

[duncanb]

Thanks for the Reply Lea, I will not mention the lender but it was a self certified mortgage, I have been looking at trying to take this case to court for Irresponsible lending, I understand this again is quite awhile ago but I have had a breakdown between then and now and Irresponsible lending was brought up at the repossession hearing. any advice.

[Lea_HTH]

Thanks for the Reply Lea, I will not mention the lender but it was a self certified mortgage, I have been looking at trying to take this case to court for Irresponsible lending, I understand this again is quite awhile ago but I have had a breakdown between then and now and Irresponsible lending was brought up at the repossession hearing. any advice.

 

My advice was in my initial post: concentrate on something other than a claim that is bound to fail.