[quote SW1amp]@Flatbrokefornow
they can and certainly will, evict you and repossess it for being in breach of the mortgage conditions
You stand by this?
You sure about that..?
At the very least they will force you to change to a residential product and pay all the costs over again, AND the early repayment charges.
Also not true
He might have told them it is to be your primary residence, if he has fraudulently applied for a cheaper residential mortgage in your name. In which case you can live happily in the property while sticking two fingers up at him. (although you will still have to fund the stamp duty, but it will be much lower)
Also not true that stamp duty will be ‘much lower’ if it’s a residential mortgage with her living there.
While they are married, any other house purchased by her will attract additional stamp duty, regardless of whether they live there or not. A married couple is considered a single unit for this purpose. Even if he owns a house in his name only, any property purchased by her will be considered an additional one
But golf clap to you for thinking that having a mortgage somehow makes you an expert on them
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If you live in a buy to let mortgage, you will be in breach of the conditions. It explicitly states you and various relatives cannot live in it. A lender can, and in my actual experience will, try to repossess for breach of conditions. Yes, I stand by it. I think in the circumstances, they might allow an application for a residential mortgage, but they aren’t known for their benevolence and would surely expect you to cover any costs? Which, in this case, would be the early repayment charge and the new mortgage costs. Why ever would they not? You have to pay the court costs when they repossess FFS. What is your opinion of what would actually happen if you breach mortgage terms and conditions by living in a buy to let? Or do you not think it breaches? Or that they won’t find out?! I have at no point said I’m an expert, but I do have relevant experience of both buy to let and residential mortgages, and what can happen if the T and Cs are breached, even unintentionally. Your experience may be much more useful, but as you haven’t shared it, I can’t know.
A first home attracts lower SDLT. A second attracts an additional 3%. At what point does a property bought by one half of a couple with the intention to separate and for it to be her main residence become her main residence? It can’t be on the disposal of her previous main residence, she doesn’t own it and can’t sell it! Does she have to wait for the divorce? Even if she did, you can reclaim overpayment then, if it’s within a certain time frame (I forget how long. Years though)
There’s no need to be so unpleasant. I do have some experience of BTL mortgages, and I’d like to help by bringing it to the OPs attention. I haven’t questioned yours, or been unpleasant. If you wanted to be helpful, you could share some of your expertise, rather than just being rude about my posts.
OP, I’m not an expert. I don’t know if anyone else is. If it were my bolt hole, I’d make damn sure I found out. First.