Have requested copy of original mortgage deed from B&W and they sent me a copy - it is only ONE page - they have confirmed when I asked for rest of it that this is all there is. This deed is from 1988 and says: 1 The borrower as beneficial owner charges the property by way of legal mortgage with the payment of all monies payable by the Borrower to the Society 2. This mortgage incorporates the edition of the mortgage conditions of the society current at the date of this deed 3. This deed secures further advances Can anyone tell from this whether the wording makes this as a specialty debt (can chase for 12 years) or whether it is simple contract debt (6 years)- hope I got the wording right! Do I need to ask them for a copy of the "edition of the mortgage conditions of the society" from September 1988??

Also, I have asked twice but they are refusing to show me a copy of the MIG as it is between them and the insurers - do I need to push for this?

To recap, property was handed back in 1994 and they are chasing me for a 30K shortfall - they sold on 29 March 1996 (taking $45K after rejecting 6 higher offers - one for $52K in May 1994)!! - I am obviously writing to ask why they rejected higher offer. I am going to try throwing the six year rule although they contacted me 5yrs and 11mths after selling property but I will argue that is is 8 years since mortgage contract was broken - dont know if it'll get me anywhere. If anyone can offer any advice on the deed/mig etc - it'll be more for me to throw at them. Please help as I cannot afford a lawyer and want to get this sorted out. Thanks for all the help from this excellent website

-- jen p (jlzmail@adelphia.net), April 22, 2002

Answers

jen,

I think if you follow the procedures given on the home-repo pages that would be good advice. Have you issued them with a SARN for example? It sounds to me like they don't want you to see something. It also sounds to me like you've got a very good case for complaint. If not more. One of the proposals (put forward by Joy)in my e-petition is for a full investigation into underselling. The petition is currently being looked at by Mr Hancock MP for Portsmouth South. I think it would be a good idea for you and anyone else who has been affected by this to take their case to their local MP. This would also add weight to the petition when it reaches Parliament.

Good Luck,Mark.

-- M Amos (idgroms@hotmail.com), April 23, 2002.

Keep pushing for the MIG details and ALL other documentation which they have not sent you to date - there's a list of the documents you should be asking for on the site somewhere.

To make that piece of paper a deed, amongst other things, there must be a proper seal next to your signatures. The mortgage conditions form part of that deed. Request a copy and ask them to explain why they didn't enclosed a copy with it.

The wording in the conditions may (or may not) give a clue as to speciality/simple debt.

Good luck

-- (stephen.pooley@ntlworld.com), April 23, 2002.

Am in the process of requesting the docs that go with the deed and also politely asking for a copy of the MIG again. With regards to the MIG - I have no idea whether I was required to take one out or not - this was so long ago (unfortunately I can't remember much from 1988)! I guess their response of "unfortunately we are unable to provide you with a copy of the indemnity policy as this was a policy between the Bristol and West and its insurers and remains so" either means 1. there was a policy or 2. they have no idea if one existed as they too can't remember and have no documentation of it so they are just going to stall me. By the way - when I asked for a copy the second time their response was "I also repeat that the Mortgage Indemnity insurance was between the Bristol and West and its insurers and you are therefore not entitled to a copy of the policy, I have enclosed for your information a copy of the Council of Mortgage Lenders press release, to whom we subscribe." - They then sent the CML report under consumer info entitled Mortgage Indemnity: A Borrower's Guide from May 2001. I have read items 9 and 10 under your Do's and Don'ts - looks to me as though B & W are not being very helpful - anyone else have any ideas??

-- jen p (jlzmail@adelphia.net), April 25, 2002.