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Mortgage deed and pregnancy - help!

8 replies

OffTheCoffee · 07/02/2012 08:18

We are getting towards the end of buying a house - our solicitor has asked us in for a meeting "to go through the mortgage deed". What does this meeting involve?

I am 8 months pregnant, and I am the first applicant on the mortgage - I earn significantly more that my husband, so it is all hinging on my salary. I've planned to pay the mortgage from savings whilst I'm on maternity leave, so we'll be fine, but the mortgage company don't know that I'm pregnant. When we applied for the mortgage, I didn't know I was pregnant either - there have been so many delays along the way and it's all taken 7 months to this point.

I don't stand a chance of being able to hide the bump from the solicitor! Is there any risk that this transaction will all fall over if our solicitor sees that I'm pregnant? All being well, we will have exchanged contracts before the meeting with the solicitor.

Thanks in advance for your help

OP posts:
mirai · 07/02/2012 08:26

This reply has been deleted

Message withdrawn at poster's request.

OffTheCoffee · 07/02/2012 08:42

Thanks Mirai - I know what you mean! I guess I can see it from the mortgage company's point of view, gender aside - will they get their money back? I certainly wouldn't lend that amount of money to us on just my husband's salary. I will go back to work, as I did last time and we'll be fine, but they wouldn't necessarily see it like that...

Just wondering whether the solicitor has some sort of professional duty to tell on me! I am probably being really paranoid, maybe the meeting with the solicitor will be tea and biscuits...!

OP posts:
Ladymuck · 07/02/2012 09:10

I find it odd that your solicitor wants to meet you to go through the mortgage deed. Can't they just talk you through on the phone, or have they not done your money laundering id checks yet?

The solicitor should be working for you, and not the mortgage company, so no they will not be phoning up the mortgage company.

I would expect that the offer from the mortgage company should make it clear as to what changes in circumstances you need to notify them about. I would not be surprised to find that they would expect to be notified about impending maternity leave as for most women their maternity pay is still less than their usual wage. If your offer does state that you need to inform them of these changes, and you have already notified your employer that you are pregnant (so can't claim ignorance of your maternity leave), you are at risk of mortgage fraud. If of course you keep up the mortgage payments then the bank will probably not pick this up or pursue it. I'm assuming that neither you nor your partner are in a line of work where this would matter.

They should not refuse you a mortgage on the grounds of pregnancy (as that is clearly discrimination) but they can look to reconsider what they will offer you on the grounds of affordability.

OffTheCoffee · 07/02/2012 09:35

Thanks very much for your reply - they have done the money laundering checks up front, so I was a bit surprised that they wanted to meet, too. I'll have a look at the mortgage offer document again; when we first received this months and months ago it wasn't an issue.
Thanks again

OP posts:
Collaborate · 07/02/2012 09:41

Sorry Ladymuck, but the solicitor is acting for the mortgage company as well. Otherwise OP will have to pay for the mortgage company's own solicitor to advise them about their security.

OP - the meeting is just to ensure that you are aware of the effect of the mortgage. It will probably be something he has been told by the mortgage company that he must do prior to completing the mortgage. I wouldn't have thought that being pregnant would be in any way relevant.

strawberrypenguin · 07/02/2012 09:46

When we applied for a mortgage recently we had to tell them I was on mat leave and if i was planning on going back to work as it affects the amount of income coming into the household and this is what mortgage lenders base their assessment on. Some banks won't lend to those on mat leave. Hope it works out ok for you (we did get a mortgage btw so you'll likely be fine)

sneezecakesmum · 09/02/2012 20:38

It shouldn't matter if your salary will be remaining the same throughout your mat leave and you are fulfilling the terms of your employment contract re mat leave. They will still be receiving the agreed payments from you.

whosthis · 06/08/2012 18:52

Hi, OffTheCoffee, I just wonder if eventually your mortgage was ok after the meeting with your solicitor. I am in a similar situation. Thanks!

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