I have answered it 'ad nausea'.
Yet again, you are twisting what I say!!
I have repeatedly stated that I have no problem with multiple switchers !!
What I do have a problem with is the subterfuge and duplicity employed with the 6 month scheme.
If you can/will not see how this plan is far from transparent and all above board then I can do no more.
What on earth are you talking about?@Sarenco
No, I'm am not going through it again.........
There are many occurrences of withheld information and false promises (undertakings) within the 'multiple switches in 6 month scheme'.
Both parties to a contract are expected to act with 'utmost good faith' and precious little of that is shown by the exploiters using this plan.
"there's none so blind as those who will not see."
Cf. mid 14th‐cent.
For me, this post from mf1 (in another thread) appears to cut to the heart of this debate. If I'm reading correctly, the first two sentences refer to what I'm calling sequential (/serial) switches, and that scenario is fine. The rest of the post, which (assuming I'm reading correctly) mf1 considers at least dubious, refers to parallel switches.As a practising solicitor, in theory, I have no problem acting for a client doing a switch and then another switch and then another switch.
In practice, it would be such a pain because you'd only have closed one file before you'd be opening another.
When it comes to the multiple switches, I start getting twitchy.
Let me explain why.
Conveyancing when there are mortgages involved only work where solicitors are giving undertakings.
A simple example- where we have a mortgage free vendor selling to a cash purchaser, there are no undertakings to Banks.
Let's look at a simple switch.
First undertaking by the solicitor is to Bank A - we undertake not part with the Deeds unless we are in a position to discharge the Bank's charge.
Borrower is switching to Bank B- to complete the process, the solicitor undertakes to Bank B as follows:
1. The borrower has good marketable title.
2. The mortgage documentation has all been signed by the borrower.
3. The provisions of the 1976 Family Home Act, as amended, have been complied with.
4. The new mortgage ranks as a first charge on the property to be mortgaged.
5. The solicitor is in funds to complete the registration of the new mortgage
6. The borrower has executed the life policy assignment form.
The borrower will have to send in the Notice of Assignment of the Life Policy and evidence that the bank's interest is noted on the household policy to Bank B. These have to be in place before the funds will issue.
So, I get redemption figures from Bank A - close to when I expect to get the funds from Bank B.
I get the Bank B funds, organise searches, redeem Bank A's charge, and then attend to making sure that charge is released from the title. And then I have undertaken to register the new charge in favour of Bank B.
I'm now holding the Title Deeds in trust for Bank B.
But now the client decides to switch again to Bank C before I register the new charge.
So, I'm to give the same undertaking as I gave to Bank B to Bank C? And the borrower will have to send in the Notice of Assignment of the Life Policy and evidence that the bank's interest is noted on the household policy to Bank C. These have to be in place before the funds will issue.
So, I get redemption figures from Bank B - close to when I expect to get the funds from Bank C.
I get the Bank C funds, organise searches, redeem Bank B's loan, and then I have undertaken to register the new charge in favour of Bank C.
At this stage, I have no idea whether I am coming or going, I regret the day I ever met this client because nothing is worth this level of chaos plus everything is riding on my now multiple undertakings.
So, I see now why a solicitor would be unwilling to get involved!
mf
Ah someone new....I see you used the word 'rubbish'. I had a post pulled on me for using the word 'nonsense' once.I am sorry but that is complete rubbish.
What on earth are YOU talking about??What on earth are you talking about?
It is only withholding if they ask. They simply do not request any information regarding future intentions, indeed the application forms don't have anywhere you could supply that kind of information.It is as clear as the nose on your face EXACTLY what information is being withheld on subsequent switches within the 6 month stratagem.
Ahh Leo, now you now better than that..........Utmost Good Faith ?It is only withholding if they ask
No but they do ask about present lender and as that changes they are kept in the dark.They simply do not request any information regarding future intentions,
I do, withholding is defined as refusal to give something that is due or desired. If the bank desired that information, it would be a really simple matter to update their application forms. To my knowledge, none of the providers here ask the question despite knowing that most borrowers will switch rates or providers before the full mortgage term is up.Ahh Leo, now you now better than that..........Utmost Good Faith ?
Without getting into semantics, it does not alter the fact that the present lender and length of time with said lender, has changed to what was on the original application form (which AFAIK is asked), is not, shall we say, forthcoming.I do, withholding is defined as refusal to give something that is due or desired
Thank you, I was beginning to think I was alone .I'm trying to understand why you feel SparkRite is incorrect.
Also in the '6 month plan' he has no intention of carrying out any of them except the last one.Additionally, as I understand it, at some point my solicitor has to have identical undertakings to both BOI and KBC - it seems at the very least odd for it to be ok that a solicitor promises two entities the same thing at the same time.
Based on that logic, everyone who ever clears a mortgage early or switches to another lender at any point in the initial contract term is being dishonest!Ergo a contact is knowingly ratified based on inaccurate information .
I’m just not smart enough to understand your point so.What on earth are YOU talking about??
I never suggested or intimated any of the points in your post.
I have no problem and never have had a problem with multiple switchers!
Ah c'mon Leo !Based on that logic, everyone who ever clears a mortgage early or switches to another lender at any point in the initial contract term is being dishonest!
Despite your sarcasm, accepted.I’m just not smart enough to understand your point so.
Apologies.
The doctrine of uberrimae fidei does not apply to lending agreements.Ahh Leo, now you now better than that..........Utmost Good Faith ?
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