NRAM complaint

[Fringer]

I know absolutely nothing about mortgages so they really have me by the short & curlies!

 

I wonder if anyone can help please.

 

My husband and I have had a mortgage with Northern Rock which then changed to NRAM since 2005

We took a 105% loan, so part was secured and part unsecured

 

In 2009 we requested a 1 month payment holiday which was agreed by Northern Rock (part of our mortgage deal)

we'd never taken a holiday before or since and have never been in arrears

 

We're just in the process of selling and buying a new property and have asked for a redemption statement

They sent this giving the full amount of both secured and unsecured so I queried it.

 

 

We have now been told that due to us being in arrears in 2009,

they obtained a court order to secure the unsecured loan to the secured

and now expect the amount in full on redemption.

 

We had no idea they had done this and had only budgeted to pay back the secured loan. This now leaves us short.

 

I raised a complaint with them as soon as we found out which has taken since February for them to come back to me stating

'Having reviewed your complaint, I can confirm an interim charging Order was granted against your property in May 2009 and this was because both your secured and unsecured loan were in arrears.

 

The arrears on your unsecured loan were higher than your secured loan but were sufficient to obtain a Final Charging Order.

 

Having considered all the information available I cannot agree we have acted incorrectly and unable to uphold your complaint.

The decision is final.'

 

My solicitor has received 2 redemption statements,

1 statement says -secured only and gives the figure of £107k which is what we had budgeted for

and the other states - full redemption (includes all secured and unsecured lending) £115k

 

I asked my solicitor before I received the letter quoted above what we'd have to pay and she said it is our choice.

 

Can someone tell me if she is right please:?:??

[martin2006]

If the redemption statement says that its still partially unsecured then you shouldn't have to pay that portion to redeem the mortgage. I assume the solicitor is acting in the sale of the property?

 

Have you checked with land registry to see if there is a CO?