Mortgage Express – Are they looking to break mortgage contracts?

Mortgage Express – Are they looking to break mortgage contracts?

13:49 PM, 5th April 2016, About 9 years ago 98

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Mortgage ExpressMortgage Express have written to many landlords warning about a review of current interest rates and repayment types.

The concern of readers is that Mortgage Express may be looking to break mortgage contracts on long standing tracker reversion rates in the same way the West Brom have done. The Property118 organised class action against West Brom is due to have the High Court Appeal heard this month 27th-28th of April.

The letters from Mortgage Express state:

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Your monthly payments may be changing

We are planning to introduce a new annual payment review to ensure your monthly payments remain on track. This review will consider your repayment type, current interest rate, your payment due date, all payments received, your outstanding balance and the remaining term for each of your mortgages.

The result of this review may lead to a change to each of your monthly payment amounts.

This will be implemented to coincide with the next annual mortgage statement for each of your accounts.

Your annual review

Your annual review will be detailed in all future annual statements, which will show any adjustments to your monthly payment amounts and steps, if any, you need to take as a result.

When you do receive confirmation of your new payment amount, in your next annual statement. please change your monthly payment accordingly. If you pay by Direct Debit, you don’t need to do anything we will automatically collect the new amount from your designated bank account.

Any questions you may have regarding the change to your monthly payment amount will be addressed in the Frequently Asked Questions we will provide with your annual statement. If you have any questions about this letter, call us on 0330 159 2591.”

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Bearing in mind how aggressive Mortgage Express have been in attempting to get as many loan accounts and as much of their lending repaid as possible we do not know how ominous a sign this is yet.

Are they looking to break tracker rate contracts and/or convert interest only loans to repayment?

We will keep you posted with the help of readers.


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Fed Up Landlord

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15:20 PM, 5th April 2016, About 9 years ago

Reply to the comment left by "Matthew Harvey" at "05/04/2016 - 15:02":

I like the sound of this Matthew. Any idea on ball park percentage reductions off the outstanding loan?

David Lawrenson

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15:20 PM, 5th April 2016, About 9 years ago

Reply to the comment left by "Neil Patterson" at "05/04/2016 - 15:06":

Very true Neil.
Nothing would surprise me with regards lenders, but that said, MEx do not seem on the face of it to have any small print clause (in my contracts at least) they can try rely on to try to baffle a baffleable judge.

Matthew Harvey

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15:45 PM, 5th April 2016, About 9 years ago

Reply to the comment left by "Gary Nock" at "05/04/2016 - 15:20":

Hi Gary,

Not with any certainty and the answer is very much on a case by case basis.

In our experience the process is essentially a negotiation and if a discount can be negotiated it depends on issues such as the lender's desire for early repayment, the level of borrowings and the credibility of any refinance proposal (i.e. can you evidence that funds are available / in place to finance a settlement payment rather than just talk about it).

What is interesting about these type of loans however is that the lender is in wind down mode (i.e. wants to be repaid) - this is the underlying dynamic - but of course if a borrower is performing to terms and is not in breach of the facility documentation, the lender cannot force repayment (other than as provided by the terms of the facility documentation). In addition, many lenders may already have raised a provision or impairment against the loan - particularly when non-performing - so it may also be the case that from an accounting perspective, the lender has already 'realised' the discount that is being requested. Such examples can make the issue of a discount easier.

This position can become even more powerful where the loans in question are priced at very low, legacy rates. We commonly see situations where the return generated from the borrower is only covering the lender's own cost of capital or indeed generating only a very small profit for the lender (in terms of their costs of capital vs. the return generated from the existing loan). This raises further questions as in theory at least, if repayment can be achieved the money could be re-lent at a much higher in the current environment.

In summary, we approach these situations by building a commercial case for why a settlement option is in the interests of the lender in consideration of their own financial (i.e. return on capital) and strategic (i.e. balance sheet deleveraging) objectives.

Matthew
.

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15:45 PM, 5th April 2016, About 9 years ago

If MX wants to change the Terms of the Mortgage then they will have to show they can do so in the original terms signed on or at completion (if you had them). If you had a mortgage with another lender and then it was 'assigned to' MX then the original terms should take precedent. Seems like they are up to something and they need to be made aware they cannot just run roughshod over everyone.

David Lawrenson

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15:52 PM, 5th April 2016, About 9 years ago

Reply to the comment left by "Matthew Harvey" at "05/04/2016 - 15:45":

To put what you have said in non-legal plain Anglo Saxon terms, "The lender **.d up by offering lifetime trackers and would like out"

To reply in the same terms.. "Tough s**t! You make a bad deal, you lose out, mate."

Monty Bodkin

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15:55 PM, 5th April 2016, About 9 years ago

Reply to the comment left by "Neil Patterson" at "05/04/2016 - 15:06":

Mx don't have the same T&c's as West Brom. If Mx had any scope to call the loans in they would have done so by now.

I have been through my T&C's very thoroughly.

I have also had the £1 reduction phone call. They use leading questions to try to catch you out about breaching mortgage conditions. Which I haven't and there is no way I am giving up a 'lottery win' mortgage without a substantial discount.

David Lawrenson

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16:02 PM, 5th April 2016, About 9 years ago

Reply to the comment left by "Monty Bodkin" at "05/04/2016 - 15:55":

Other lenders have the same type of small print as West Brom - examples I know of are C&G and Barclays. There are many others.
They all issued huge loss making (to them) trackers because they are stupid.

I think the view of many (including Mark A) is that they are waiting to see the result of the West Brom case -and the appeal - before going ahead.

Matthew Harvey

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16:07 PM, 5th April 2016, About 9 years ago

Reply to the comment left by "David Lawrenson" at "05/04/2016 - 15:52":

Hi David,

Exactly!!

And we must try to use these positions to negotiate a benefit for the borrower; to the effect that yes we can consider a refinance / early repayment.......if you make it worth our while.

Oh and as the existing arrangement involves very low interest costs and a refinance will almost certiantly be at a higher rate in the current market, the discount should be sufficient to ensure the borrower is better off overall.

Whilst the lender will rarely publisise such a willingness, I can assure you it is going on!

Matthew

Sue P

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16:21 PM, 5th April 2016, About 9 years ago

If MX are negotiating with individual borrowers in order to reduce their lending book, then I would be very happy to see those borrowers reporting the outcome of their individual negotiations on this site.

Property 118 has a huge membership of landlords - many with MX loans - so surely if it is going on then those borrowers can brag about their deals and educate the rest of us in the process?

Fed Up Landlord

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16:23 PM, 5th April 2016, About 9 years ago

Reply to the comment left by "Sue P" at "05/04/2016 - 16:21":

Probably a gagging clause in the settlement papers.

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