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Mortgages and Lasting Power of Attorney

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  • Mortgages and Lasting Power of Attorney

    Hi, My Nephew is having problems managing his finances following a relationship breakup several years ago which left him paying off interest on a £150k mortgage on a London flat (approx value £300k) on his own. He is struggling to make ends meet and is continually getting overdrawn and having to be bailed out by his family. Halifax mortgage interest rate is not great and is the major stumbling block to him finding some financial independence but attempts to re-mortgage have been thwarted by his credit history which is not been brilliant but has been improving over the last 12 months and the fact that his ex partner is still included on the deeds and the mortgage. She has agreed to be taken off the mortgage & deeds (at a price) but a) Halifax have been stalling for 10 months over a decision whether to allow him to move on to a more competitive mortgage rate with them b) mortgage brokers we have approached for assistance in remortgaging have declined to help because of my nephews poor mental state. He has been suffering with physical impairments for a number of years that give him constant pain despite several operations and has been suffering from depression for a number of years as a result of the physical and mental strain he has been under. He has a decent job and has been meeting the mortgage re-payments each month but once other bills are taken care of he is left without anything and often has to go overdrawn which makes his depression even worse and is probably not helping his credit score and chances of re-mortgaging.
    There doesn't appear to be anything we can do about forcing Halifax to come up with a decision, they seem quite happy for him to continue paying a high interest rate and not allowing him to move to a cheaper more affordable deal, I think he's is what is referred to as a mortgage prisoner and we don't know how to help get him out of the trap. We would engage a mortgage broker to help find him a deal but as mentioned they seem reluctant to help him directly because of his mental state.
    I have suggested to family that if we get him to give us Lasting Power of Attorney we could take care of his financial affairs and work directly with the Mortgage Brokers ourselves relieving him of the burden of doing it and help him on to a new mortgage deal. Problem is he lives in London on his own and is remote from his northern based family. His mental condition means he finds it almost impossible to deal with the situation although he has acknowledged that he is in difficulty but it is proving very difficult to help him as he can't/won't talk about it.
    The only other suggestion we have is to try and club together to pay off the outstanding £150k and then try to re-mortgage, this isn't an option we want to follow as we are all pensioners and don't have that sort of money lying around but as there is equity in the flat the risk should be low as long as we can re-mortgage later and get paid back.
    His mother thinks no one will give a mortgage to someone acting as Attorney so it would be a waste of time. Does anyone on the forum know if this is true ... as an Attorney would we still be unable to help him re-mortgage ?

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  • #2
    Your nephew seems still to have capacity so an LPA would not be of use as it only becomes effective when the donor loses capacity.
    A general or ordinary power of attorney (Ordinary powers of attorney | The Law Society) would be more appropriate, but I doubt it would be of use in the circumstances you describe.
    The general guidance used to be that a mortgage deed signed under Power Of Attorney (POA) should not be accepted. It is some time since I dealt in this field, but I doubt things have changed.

    Halifax won't be in a rush to remove a joint mortgagor as it reduces the people against whom they can proceed in the event of a default

    The term mortgage prisoners refers to those whose mortgage is owned by a company who no longer offers mortgages (eg Northern Rock).

    I suppose (taking into account London prices and his ex's wanting her share of any equity) that selling up and downsizing is not an option.

    Comment


    • #3
      Thanks for your reply. I've just looked at Ordinary Power of Attorney and AgeUk suggest ... "This covers decisions about your financial affairs and is valid while you have mental capacity. It is suitable if you need cover for a temporary period or if you find it hard to get out, or you want someone to act for you." The last part seems interesting as it infers to me that he could assign power of attorney over his finances for no other reason than he doesn't want to do it himself. Have I interpreted it incorrectly? However it sounds like you would not hold out much hope of securing a new mortgage under POA so guess it isn't as good an idea as I thought. His ex-partner just wants a nominal sum, £2k I believe was mentioned, to go away, she doesn't want an actual share of the flat, she is on the mortgage but has never really contributed towards it, the deposit was all his and the relationship did not last a year. It was suggested to him that he take a lodger as he has two bedrooms but he seems reluctant to follow that path. Downsizing wont be easy as even 1 bedroom apartments are at a premium ...we'd like to see him consider selling up and moving north where his £150k would be enough to live mortgage free but he oddly feels that for his mental health he wants to stay in London even though his financial situation is making him more and more depressed. I seems so deeply unfair that Halifax wont let him re-mortgage on to a lower interest rate as he hasn't missed any payments at the higher rate but like you say, why would they when they have 2 names on the mortgage and are getting paid all their interest. Unless he sells up he is trapped. We are very worried about his depression as he seems unable to cope so we are desperate to help him in anyway we can. If he is to stay in London it seems we may have to find the £150k from somewhere.

      Comment


      • #4
        Sorry I haven't a solution to the situation, but just wonder if Halifax are aware of his physical and mental condition.
        If he can get a letter of confirmation from his medical advisers that he should be considered vulnerable, perhaps Halifax will change their position.
        A forlorn hope perhaps.

        Comment

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