mortgage fraud advice desperately needed

[jbl47]

we changed our mortgage 2 years ago, using a popular financial group, this year we contacted our mortgage lender with regard to a remortgage, we gave them all the relevant information regarding income etc, to be told no and then to be told that on the information just gave them that we should never of been offered the mortgage in the first place this is what the motgage company told us...

1. on application form the mortgage lender received from the broker it states i earn £27k per year (i am a full time carer for my dh and only work 8 hours a week and earn around £4k a year!!!!

1. on application form the mortgage lender received from the broker it states my dh WORKS FOR THE DLA!!!........when he is actually in receipt of DLA

1. on application form the mortgage lender received from broker it states all money dh receives is wages when infact it is benefits

non of this is on the actual paperwork we signed, we have one set of paper work and the mortgage have a different set would just like to know if

1. who is resposible for the fraud
2. can they withdraw our current mortgage
3. will this be taken to court if we report it to the FSA

at whits end thinking we are going to loose our house :(

jesus, i would phone the financial ombudsman pronto and see what they advise, what a worry. it does sound very deliberate if your paperwork says one thing and the banks says another.

You need some legal advice. contact the ombudsman and a solicitor.

is the broker still trading?

i would also think this should be reported to the police if the broker is committing frauds like this, but i would speak to the ombudsman first.

link to ombudsman

You really really need some good legal advice on this, before you report anyone because yes, there is a good chance your mortgage could be withdrawn, even if you are not culpable for the original fraud, it's still a fraudulently-obtained mortgage so they have no obligation to continue with it.

Really really hope you can get this sorted with minimal fuss to yourself. Have you had any troubles paying your mortgage payments?

thank you, will contact them on monday as its the weekend, have spoken to a friend who used to be a mortgage broker and he has said they can not take the mortgage away as long as you are making payments, which we are so that is one huge relief for us xx

So it sounds as if your broker told you he could get you a mortgage and you signed for one and then he fraudently faked your signature on different documents that were sent to the company? Wow!

Ok well don't panic. I agree contact the ombudsman. If you've always made payments and knew nothing about this then you are clearly the victims just as much as the company is. I suspect there are going to be some complex discussions though. Can I ask (just out of curiousity) - how big is the mortgage and before you went for it did you think that on earnings of 4k + benefits you would struggle to get one?

jbl firstly don't panic!

At this point I wouldn't advise contacting the Financial Ombudsman Service, they are they to look at complaint cases that haven't been resolved to a customers satisfaction. It's not in their remit to look at suspected fraud cases at this point, so they will most likely refer you back to your lender.
I would try and work with your lender on this, you have both in subject to fraud. Ask them for a copy of the application that they have. Check the signatures, you'll be amazed at how badly some signatures are forged and you may be abke to tell immediately whether these are yours or not. When you applied for the mortgage do you remember being asked by the broker to "just sign these forms", its possible you signed a blank application which he then filled in with the incorrect information after you had completed what you thought was the actual application?

Apart from a copy of the application do you have any other paperwork which would back you up in terms of what you supplied as information to the broker? For example did the broker complete a fact find, might also be called a personal financial review? This would detail all of your personal information, income, expenditure etc which would then allow him to assess which is the best deal for you. The broker is obliged to gain this information and they should have provided you with a letter explaining why the deal was the best one, in the letter it is likely that they would have replayed back the information that you gave them.

I would suggest that you provide your lender with a copy of this paperwork keep the originals.

In terms of your current mortgage deal, if the fraud was commited by the broker the lender has to abide by the FSA's requirements to treat customers. If you have had no difficulty in making the payments on your mortgage then they should not take it away from you. Unfortuntely they won't be able to offer you a re-mortgage if you don't now meet their lending criteria, because if the amount of mortgage fraud in the UK the FSA have tightened up the rules around lending.

My recommendation is that you try and work with the lender on this in the first instance but you can also report the fraud to the FSA, your lender should also be doing this.

Here's a link below, it does talk about if you have colluded in the fraud but they would still want to know about fraud commitment against you.

www.fsa.gov.uk/pages/about/what/financial_crime/fraud/victims/index.shtml

apologies for typos, bloody ipad

The FSA requirement for lenders is that they treat customers fairly!

thank you again, we are awaiting copies of the agreement that the broker sent to the lender and see if they match what we have from the broker as soon as i have them and they are infact different i will contact the fsa xx

northern....yes we knew we could afford the mortgage as we have had one for the last 12 years with another lender, dh is disabled (15 years ago) due to a work accident

i am sure it will help that you have been keeping up payments.