Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

This whole process takes years off your life, doesn't it?

27 replies

Vanillaandstrawberries · 12/10/2021 17:36

Just need to vent really. So upset, disappointed, frustrated with everything and everyone. I’m a first buyer and this certainly wasn’t the experience that I’d envisioned.

Back in May I put an offer in on a shared ownership house which was accepted. The vendor was an absolute nightmare from the beginning. It took her nearly three weeks to let me view the property and then over a week to let the EA know that she’d accepted my offer. Good news though so I didn’t mind too much at the time. 6 weeks into the process we found out that the vendor hadn’t even requested permission from the third party to sell the house which delayed things massively. She should have done this before even putting the house up for sale 11 months prior. The amount of paperwork I had to fill out and the hoops I had to jump through were ridiculous. The management company told me that they’d have to decide if I could even buy the house, after my offer had already been accepted by the vendor. In the end I decided to withdraw because it was all so disorganised and frustrating.

It was for the best, or so I thought as a beautiful house in a lovely location, closer to family, friends and work came up a week later. It was cheaper too and I’d own it outright. I viewed it a day after it was added to right move and put my offer in straight away as it had so much interest. My offer was accepted later that day. My solicitor was confident in the beginning that it would all go through smoothly with no issues, especially because the property is vacant with no chain. It’s a leasehold house and the EA made it clear to me that the freeholder was absent but that the vendor would have an indemnity policy put in place. I had no idea this would be an issue, as clearly I’m not a legal expert and the EA played it down massively during the viewing. It was never flagged as an issue until my solicitor looked at the paperwork 7 weeks later. I was furious as had I known it would cause such problems I would have asked my solicitor to speak to the mortgage lender weeks ago and get their advice. This could have all been sorted whilst the searches were going through. The vendors solicitor has been ridiculously slow throughout this whole thing and it took her nearly 6 weeks just to send over the contract pack, which didn’t contain the draft contract or leasehold form (we still don’t even have the draft contract which the EA said is really poor as it’s something that’s normally sent straight away). My solicitor has asked for this 3 times so far to no avail.

On week 9, my solicitor sent enquiries and explained that she couldn’t report back to the mortgage lender without the leasehold form and more information in regards to the absent landlord. It took the vendors solicitor nearly three weeks to reply and that was after I contacted the EA to chase them up. At one point the EA was actually emailing both solicitors to tell them to communicate with each other. Finally my solicitor was able to report back to the mortgage lender on the 24th of Sept to see if it would be approved, and I’ve still not heard anything from them. Originally it was sent to the valuation team along with the indemnity policy quotation that the vendors solicitor had obtained. It took the valuation team over a week to basically come back and say that it wasn’t something that they could comment on and that it would need to be passed down to the legal team to look at. I knew this would happen as my solicitor told me weeks ago it would need to be looked at by a legal team, so why it couldn’t have been sent there directly on the 24th, I have no idea (oh wait I do, the mortgage lender has a specific process and I just have to be patient 🙄). It was finally passed down to the legal team on the 5th of October and still nothing. I was told last week by two different advisors that I would hear something by the end of today, but then told by a different advisor earlier that the legal team don’t have a timeframe and it could take weeks for them to respond with a yes or no. The advisor could see on the notes that someone else had asked my caseworker to chase it up last Friday but he was off work yesterday apparently so probably hasn’t even done it yet (surely someone should cover him whilst he’s off but that’s for another discussion 🙄).

We are on week 16 and I’m still none the wiser or any further down the line than what I was on day 1. I’m so so angry and feel like I’ve been let down by everyone. How is something like this allowed to happen? I’ve spent all this time and money on a property that might not even be mortgageable and all I’m told every day is that they’ll contact me as soon as they hear something. That’s all well and good as it doesn’t effect their life. Maybe I should have walked away weeks ago but I’ve waited so long now that I just want to see it right to the very end, even it’s not approved. At least I’ll know I tried my best. I can’t even give notice on my current rental, and I won’t either until I have the keys in my hand (if it even goes through that is).

My mortgage broker rang me today to ask if I’d completed yet and I had to explain what was going on. I told her that I’d been chasing the mortgage lender for a couple of days now and her response was “your solicitor should be doing that really….”. She’s not wrong though, is she? I just feel so disappointed, stressed, tired, fed up with the whole thing. I knew it would be stressful as moving always is, but what an absolute shit show it’s been from start to finish. I’ve done most of the leg work myself, chased everyone for answers and to communicate with each other… and I’m actually paying for this shit service. It’s unbelievable. My whole life is in limbo and the mortgage lender can’t even give me a specific date as to when they will come back with answer, it could be weeks. People actually think I can just go and buy the next house that's added to right move as well if this one doesn't work out, like affordability isn't even a fucking factor. Maybe I should be more patient, but it’s bloody hard when it’s already been 4 fucking months…

SadSadSad

OP posts:
Vanillaandstrawberries · 12/10/2021 17:37

Maybe this is karma for withdrawing on the first house!!!

OP posts:
Vanillaandstrawberries · 12/10/2021 17:42

The advisors can't even tell me if my case has been looked at yet as the legal team is a completely different department and it's up to my caseworker to chase it up... Sad

OP posts:
TakeYourFinalPosition · 12/10/2021 17:44

It’s a leasehold house and the EA made it clear to me that the freeholder was absent but that the vendor would have an indemnity policy put in place

It’s not karma, and it’s a really rough ride… but this should have made you run away. It’s a nightmare situation.

I’d pull out to end the heartache, if I’m honest with you, I’d be stunned if both the mortgage company and your solicitor are happy for you to proceed. You’ll also have an absolute nightmare trying to sell, if you ever do.

Daisydoesnt · 12/10/2021 17:46

OP I didn’t want to read and run. Buying a home is a total nightmare and it does sound as if you have had a particularly awful time. I won’t bore you with our (ongoing) own tale of woe!

What I will say is both the properties you have tried to buy are unusual/ not the norm…… a resale of a shared ownership house (I didn’t even know you could “sell on” shared ownership) and a leasehold house with an absent leaseholder. Gently, many of us that have been through the mill over the years with buying houses would have not even viewed either of those. They have got “nightmare” written all over them. But of course, they probably appeared to be really good value compared to what else is in budget, and that’s because they have these massive problems.

I hope that you get a positive response from your lender and that you finally manage to buy your house. Wishing you better luck!

Daisydoesnt · 12/10/2021 17:49

Sorry I meant freeholder not leaseholder.

It’s a leasehold house and the EA made it clear to me that the freeholder was absent but that the vendor would have an indemnity policy put in place. I had no idea this would be an issue, as clearly I’m not a legal expert and the EA played it down massively during the viewing

And to add, never ever trust what an EA says! Trust your solicitor. In this instance it would have been a good idea to run the issue past your solicitor before you put in an offer.

Vanillaandstrawberries · 12/10/2021 18:23

Thank you both for your replies and for reading such a lengthy post and understanding my frustration. It's not an excuse but I honestly didn't know this would be such an issue. I didn't even understand the meaning of leasehold/freehold until my solicitor explained it to me and the problems that can occur with leasehold properties. I'm in no way trying to blame the EA but they played it down so much during the viewing. Just explained that the vendor would have an indemnity policy put in place to protect me and at the time I was happier that I didn't have to pay a service charge. It never occurred to me that a service charge is actually a good thing because it means that the house is insured and any maintenance/repair issues are being taken care of. I just assumed that I would take care of those things myself and pay for buildings insurance like I would have done if the house was freehold. On week 8 my solicitor sat me down and explained how serious it actually was and like I said, had I known that weeks ago I would have asked her to speak to the mortgage lender first before wasting all this time and money.

I’m glad the first property didn’t work out BTW, I see that now as I love the current house so much. I partially blame myself for not asking more questions or doing some research but I suppose that’s what solicitors are for. Once I knew how serious it was I googled absent landlords and found hundreds of threads about people being in the same situation, so it’s clearly not uncommon. My solicitor told me not to give up hope but I think she’d rather me not go through with it, but obviously won’t directly say that to me. She was honest and said that house might not be mortgageable and the decision is now in the mortgage lenders hands. We can’t do any more but it’s just such a horrible feeling not knowing after all this time. I just have to be patient but it’s fucking hard when it’s already been 4 months and we are on the very last hurdle. I understand it would be difficult to sell the property in the future but I was planning on living there for a long time, and then renting it out or possibly giving it to my child (when I have one).

I’ve mentally moved in. It’s so difficult to walk away and a part of me would rather wait for them to make a decision, even if it’s not the answer that I want. I keep telling myself one more week. I could pull out now and it might have been approved next week. Who knows. It’s just so hard and makes you wonder why anyone would want to buy a property when things like this happens Sad

OP posts:
DaisyNGO · 12/10/2021 18:29

Oh I really feel for you

I am meant to be moving next year and in my free time, I am trying to get the flat ready for market.

I want to move but the prospect of all that goes with it is making me feel low. I should be excited about it. Our system is so wrong. You can only find out stuff by paying a fortune for the info.

I think lots of people don't understand freehold/leasehold, don't beat yourself up.

Vanillaandstrawberries · 12/10/2021 18:35

Thank you @DaisyNGO
Where are you? Can I buy your flat please Grin

I count myself lucky that I've not spent thousands and wasted months and months like some people have, but it's still a hard pill to swallow. You're right that the system is a joke. I've paid money for someone to possibly come back and say "nope, sorry you can't have this house". It's awful.

Buying my first property (or any property for that matter) should be such a happy time in someone's life but it's been so bloody miserable from start to finish...

OP posts:
Vanillaandstrawberries · 12/10/2021 18:38

Is it strange that I actually feel really embarrassed about this? I've tried to buy two properties and failed. My family have told me that I'm being daft but I don't know, I just feel really really stupid. I know so many people my age, friends, people I've grown up with who have bought a property with no issues. I feel like such a failure tbh.

OP posts:
Hungry675tf · 12/10/2021 18:44

You're not daft, it just really is ridiculous sometimes. I sold a shared ownership property once and the conveyancing on that took 12 MONTHS! It was a nightmare. Never again.

Agree with pp that these properties probably look good value because they have issues.

DaisyNGO · 12/10/2021 18:50

@Vanillaandstrawberries

Is it strange that I actually feel really embarrassed about this? I've tried to buy two properties and failed. My family have told me that I'm being daft but I don't know, I just feel really really stupid. I know so many people my age, friends, people I've grown up with who have bought a property with no issues. I feel like such a failure tbh.
No, I have a similar mentality. I am upset with myself for "failing" to do as much DIY as I was meant to this weekend. Mum asked me why I sounded down on the phone. It was because I feel I have failed.

We both need to get out of the mentality of failure. You haven't failed though. There's another thread going about teaching finance in schools. I think stuff like the law and finance we need in daily life should be taught in schools.

I would love a chain free buyer. I'm in North London. I haven't started looking yet though so I've not got anywhere even if you are headed my way!

I will keep quiet when I start the moving process, purely to avoid the conversations. It's stressful enough to do without talking about it!

Vanillaandstrawberries · 12/10/2021 20:42

Thank you @Hungry675tf. Sorry to hear that it took so long for your sale to go through, what a nightmare for you. I've seen first hand that shared ownership properties can be a pain to sell/buy. I'm glad it worked out in the end though Smile

Thank you for your kind comments @DaisyNGO. I don't blame you for holding off from putting your property on the market for the time being. It is utterly draining and soul destroying at times.

OP posts:
blacklilypad · 12/10/2021 21:05

@Vanillaandstrawberries

Is it strange that I actually feel really embarrassed about this? I've tried to buy two properties and failed. My family have told me that I'm being daft but I don't know, I just feel really really stupid. I know so many people my age, friends, people I've grown up with who have bought a property with no issues. I feel like such a failure tbh.
Don't feel embarrassed. Our first property it was the 3rd one that we started conveyancing on that we finally completed on.

First one, we pulled out as they lied and they didn't own the garden. They just had right of access. It was bizarre.

Second one, we got gazummped 2 days before exchange.

Third one, it took about 6 months as it was tenanted but we finally got there. It was by far the best one and I loved it. Sold it a few months ago and are in the process of buying our 'forever home'.

Nearly everyone I know has nightmare stories about buying. One of my friends had 5 houses fall through before they actually managed to buy! So definitely don't feel embarrassed. I really hope you hear soon, fingers crossed for good news. But even if it's not, at least you are out of the horrible limbo.

Roselilly36 · 13/10/2021 10:55

It’s such a frustrating process I agree. We moved in Feb, so stressful but eventually everything went through, my nerves were totally frazzled on the day we finally exchanged, I don’t fancy moving again in a hurry. Good luck, as a first time buyer, it should be easier than a S&P. Personally I wouldn’t buy a LH house or a Shared ownership, purchases like those are always going to be hassle IMHO.

TheCategoryIs · 13/10/2021 11:00

Yes it can be an absolute nightmare. Took me nine months as a first time buyer to buy a flat with no chain. The sticking point being how the building was managed. Bought me to tears a few times in frustration and wondered if it would ever happen. Felt like a full time job (on top of my actual full time job) to liaise with EAs and solicitors. I think it's a bit like childbirth though, you forget how bad it is once you are in. I'd hold your nerve and hope things get going for you soon.

Evecob · 13/10/2021 11:10

Commenting to let you know you aren't alone. I had the most horrific ordeal as well from august 2020 to june 2021 trying to buy and sell. We had our first house fall through as the vendors decided to stay put, lkots of money and time wasted! We took our house off market too, then put it back up after finding the house im sitting in now! but let me tell you it was an absolute nightmare. I was phoning the solicitors daily for resolutions to things they should have been sorting out. We found out this house didnt have a management company to maintain the road towards the end of the process and that was a pain to get through,. like you waiting on the bank to approve it, and feeling like we were back to square 1 when we were so close to the end!!

we decided to go ahead when the banks didnt come back saying rejected, the cul de sac need to maintiain the upkeep of this single stone private road (fine by us) and we are very glad we did, even though it was a nightmare trying to do everyones jobs for them!!! never moving again lol

Vanillaandstrawberries · 13/10/2021 14:04

Finally had an answer. The underwriter emailed me directly to say that the property is unmortgageable, unless my solicitor can come up with a solution. It's my solicitor who flagged it up as an issue when she emailed the lender and the lender is just following her guidance. I'm not sure what she thought would happen when she's basically recommended that they don't lend the money. Clearly they weren't going to say yes. Obviously she is just trying to protect me and the lender, but she's also royally screwed me at the same time. EA and vendor are both frustrated and I've even spoken to their in-house mortgage broker (I've used an independent broker) who said they sold a property in the same street at the beginning of the year and those people managed to get a mortgage with no issues. That solicitor reported to the lender about the absent landlord but it was fine. Now the issue I face is that even if my solicitor can find a solution to this issue, she's already reported to the lender and stressed that it's not good so I doubt they will lend on this property anyway. She's in court and I can't even get in touch with her to see what's going on. So fucking fed up.

OP posts:
Vanillaandstrawberries · 13/10/2021 14:07

I'm pissed off because it was never explained to me that the solicitor ultimately has the final say. I thought since the bank lends the money that it's their decision but they are just following her advice and she has told them to basically not lend on this property. I've sat here for three weeks hoping they would accept it but the advisor on the phone told me that my solicitor has strongly advised against it and ultimately they will do as she saids.

OP posts:
maofteens · 13/10/2021 14:48

Can you find out who the lender was on the other property?
But the system is awful in this country and I do not understand why the government hasn't done anything about it. The Homebuyers Pack of some years ago was a failure and then they retain the EPC, which is fairly useless box ticking.
Make offers binding; have defined timescale for things like surveys and mortgage approvals. Phase out the leasehold system. It can be done.

Vanillaandstrawberries · 13/10/2021 14:59

@maofteens

No unfortunately I can't find out who the other lender was as the estate agents in-house mortgage broker was the one who dealt with that and of course she won't tell me unless I use her services. I'm still waiting for my solicitor to come out of court to see what's going on. Ultimately now it's her decision. The estate agents recommended a different solicitor who is more local to the property that I'm buying and has dealt with these issues before. They kindly spoke to me on the phone and gave me some advice. Told me to firstly speak with my solicitor. See if she will approve it (highly unlikely at this point and she's already scared the mortgage lender off). If not, I will need to ask the vendor if she is happy for me to start the whole process again (not sure), then apply for a mortgage with a different lender and make it clear from the beginning that the freeholder is missing and will they proceed with indemnity insurance. I will also need to change solicitors as there's no guarantee mine wouldn't do this again if I go with a different lender. The solicitor I spoke to today was confident it would be fine and they'd be happy to approve it if I use their services.

OP posts:
friendlycat · 13/10/2021 15:22

The thing is a leasehold house with an absentee freeholder is really not a good prospect and your solicitor is protecting you. I genuinely would listen strongly to her advice. The EA is just playing down the potential problems.

Leasehold houses are notoriously difficult to sell, let alone with an absentee freeholder. Remember the EA just wants the sale and is not acting in your interests but your solicitor is.

I’m sorry you’re in this situation but you really need to tread very carefully here as you do need to keep in mind the future resale of this property. As mentioned up thread many people would not touch this type of property because of the problems they pose. Yes it would have been better all round if your solicitor had guided you on this right at the outset.

Butterflyfern · 13/10/2021 15:34

The thing to keep in mind with all this (and I know it is shit because you love the house) is that your solicitor is the ONLY person on the whole process actually working for you and in your best interests.

Everyone else just wants to sell the house and slope-y shoulder the liability of the house onto you (especially the EA and their pet mortgage broker). That's why you should listen to your solicitor above anyone else. And she sounds like a good one.

Vanillaandstrawberries · 13/10/2021 16:22

Apparently the solicitor believes the mortgage lender has got confused. Originally she sent an indemnity policy 3 weeks ago which didn't cover very much and she explained she thought it was insufficient. She explained to the sellers solicitor she wasn't happy with the policy but would report back to the lender anyway to see what they said. In the mean time the sellers solicitor must have looked at other policies and sent another one. My solicitor is happy with this one as it covers more than what the first policy did. For example if the house goes up in flames, floods etc. The first policy didn't cover any of those things. My solicitor has said she is happy with this one and is happy to proceed so she's unsure as to why the mortgage lender has said, as ultimately they've said as long as the solicitor is happy then they are too. She's going to ring them by the end of today to see what's going on...

OP posts:
BlueMongoose · 13/10/2021 20:45

@Vanillaandstrawberries

Is it strange that I actually feel really embarrassed about this? I've tried to buy two properties and failed. My family have told me that I'm being daft but I don't know, I just feel really really stupid. I know so many people my age, friends, people I've grown up with who have bought a property with no issues. I feel like such a failure tbh.
You haven't 'failed'. You are NOT a failure. You've just has a raw deal- and a rather unusual one in both cases.

You've learned a lot, though sadly the hard way- more than many buyers on their third house might know. You've been unlucky, that's all. It's very rough for you, though, I appreciate that. Flowers

All I would say is listen very carefully to your solicitor. If you think they are treading a bit carefully because they don't want to disappoint you but they have concerns, put them on the spot and ask them to be totally frank with you. You don't want to buy a house and then find if you want to sell later that you go through all this again from the other end, possibly losing an ongoing purchase(s).

Fleek · 13/10/2021 22:32

Do not, do not, do not buy this property. I mean, it doesn't sound like you can proceed even if you want to but you need to walk away and not waste any more time on it. I know it's hard and I've had property dramas myself - the whole system is a nightmare. You would only massively regret buying any house where the freeholder is absent. An indemnity policy isn't adequate in this situation, it's a really huge potential issue which would likely blow up in your face. I can feel your stress and upset in your posts but what you do now is walk away and feel incredibly relieved to have got out of this and also proud of yourself for getting through this time. It's terrible the EA downplayed this issue so much, it's a very serious one that could have cost you thousands and made the property impossible to sell on.

There will be a house out there for you, it's been a crazy year if you're buying or selling. The system needs overhauling and I can only say you aren't alone in having had a rough time. Hang on in there, take a break if you need to and try again.