Paying the banks Solicitors fee

geri

Registered User
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295
Hello,
Just looking for opinion on this, and maybe a path forward.
In February of this year I went sale agreed on a holiday home. The mortgage I need is 90,000. I have gone with KBC bank for the mortgage. I have been dealing with a mortgage consultant from KBC from the outset. We have had many conversations and have exchanges lots of correspondence over the last three months. Finally we got approval about two weeks ago. We went into our solicitor last week to sign the contracts etc, and in the letter the bank sent to the solicitor, there is a condition that we pay their solicitor 1,250 euro plus VAT. This was the first we had heard of this through out the whole process. I called my guy in the bank to dispute this, as it was the first mention of this outlay throughout the whole process. He accepted that he should probably have mentioned it verbally as it is such a big outlay, however, it is stated in the original application form we filled out. I went back an checked this and it is indeed there. But only there, and in no correspondence since. It says for buy to let properties over 75,000 up to 1,500,000 the borrower must pay the solicitors fee of up to 1250 but I had missed it. Accept this is my fault, but for an amount as significant as this, I feel it should have been specifically pointed out. He also couldn't really tell me what this solicitor was going to do, over and above what my own solicitor is doing.
I am so annoyed that this was not pointed out verbally or in a more specific way in writing, either at the time of application, or at some stage during the process. The consultant has since tried to get the fee waived for me, but he has come back and said that they can't do it. I'm beginning to think that they do it this way on purpose, as there is little chance of the borrower pulling out at this late stage and going through the whole PAINFUL mortgage application process again.
So what to do now? Take it on the chin, and learn from it? Decline the mortgage offer? Pay up and appeal after the mortgage has gone through? The vendor is getting very pushy with me now to get a move on.
Geri
 
What stage are you at in the process? Have you exchanged contracts with the vendor? When is the closing date?

I think that you should sign the contracts, and if you do not get another mortgage before you close, then just pay it.
Complain afterwards.

But, get onto a mortgage broker today and ask them to get you a better deal with a different lender. You should still have a few weeks to switch lender.

Brendan
 
But is this a buy to let? or a holiday home?

If it is a holiday home, your own solicitor should handle the whole process. If it is a buy to let, it is classed as a commercial transaction and your solicitor cannot act for the bank.

If you want the property.............

mf
 
We are well past the closing date stipulated by the vendor (01 April) and they are not happy, as they evicted their tenant so are not getting the rental income to pay their mortgage on the property for the last two months. Their problem I suppose but anyway.
The mortgage application process in my mind was very difficult this time round, having been through it numerous times before. Things like coming back asking for "one further week" of bank statements at the last minute, financial accounts for a bike club my partner runs, structural survey on the house mandated by the bank, even though there was nothing on the valuation that suggested this was needed. All of these requests were last minute after we were assured they had everything, and at this stage I'm worn out with it all!
We have already physically signed the contracts, but my solicitor is holding them until I give her the go ahead pending our decision on the banks solicitors fees. I think I'll go ahead and do as you suggest Brendan, and put through a complaint afterwards if I have to.

mf1, Its a holiday home and they know this, but the banks view holiday homes as "buy to let" or "PPR". There is no in between.

I'd be interested to hear if people think this was an underhanded approach by the bank, or was I just too excited about getting the holiday home and not careful enough in reading the original application. There was no further mention verbally or in writing after this until the offer letter was sent to the solicitor. It wasn't in the letter they sent me, just buried in legalese in the document attached to the letter.
 
See the definition of Residential Property in the Statutory Instrument

http://www.irishstatutebook.ie/pdf/2010/en.si.2010.0366.pdf

mf
Thanks mf1, that's interesting -
BUT the bank's position seems to be if it's not your PPR, then they offer you the Buy to Let (investment property) product. We already have a mortgage with them for our PPR, so they know we will not be living in it. If we were to say that we would be, they would slap our current mortgage with the higher investment property interest rate which is a much bigger mortgage, so wouldn't make sense. Anyway, I just called them again, they have pushed it up the ladder to senior manager level to see if it can be waived, based on the fact that it is only slightly above the threshold where this fee kicks in. We'll see....
 
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