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Charges added to mortgage

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  • Charges added to mortgage

    A bit long winded this.
    I have a dispute over a car parking space associated with a rental apartment. Basically the car park hasn’t been useable since the car park landlord took over in 2012 and I’ve been withholding ground rent and service charges.
    The car park landlord’s solicitor has asked my mortgage provider for payment together with their solicitor’s hefty fees. I instructed my provider not to pay them anything as i am in dispute. My provider has paid them and added the amount, including solicitor’s fees to my mortgage account, ‘to protect their interest’.
    No court was involved. I was hoping it would go to court as i feel i have a legitimate defence as the car park has never been fit for purpose and this has affected my rental value. Now my case has been compromised.
    Do i have any recompense with my mortgage provider?

    Tags: None

  • #2
    Look at the terms and conditions of the mortgage. Usually the lender says that they have the right to pay the ground rent/service charge if you haven't and add it to the mortgage.

    It is possible in some circumstances for the freeholder to forfeit the lease and re-possess the flat if ground rent is not paid which could mean that the mortgage lender would lose the security for their mortgage loan. To prevent that happening they give themselves the right to pay it if you don't. That's what they mean by 'to protect their interest'.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      The terms of the lease will also be a material factor. Very often ground rent and service charge clauses say that these are to be paid without deduction.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Guides and handbooks for Litigants in Person - :

      https://legalbeagles.info/forums/for...60#post1701560

      Comment


      • #4
        There are two separate titles here. The car park space is one title, the other title is for an apartment. The mortgage is for the apartment. The only connection is the car park space title has a charge against the apartment. My question is does the car park landlord have the right to demand payment from the mortgage provider, without judiciary?

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