Girlfriend took over brother's half share of mortgage - lost tracker

G

gc12312

Registered User
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4
Hi all,

Am wondering could I have a case and is this something I should pursue?

Some background:
- bought my house in 2007 with my brother, on a tracker from AIB (ECB + 1% rate). 30 year mortgage for €300k
- in 2011 my girlfriend bought my brother's half from him, kept with the remaining 26 years and remaining mortgage amount (292k I think)
- at the time AIB advised that as they were no longer selling the tracker product and that we would loose this. Since then been on an AIB variable rate mortgage. At the time we really did try to stay on the Tracker, but were told this wasn't possible.

Am wondering were we mis-sold in this case? Or did they actually close one mortgage and open another, can't remember these exact details but can look back into it.

Just wondering is anyone else in a similar case and have any success?

Thanks
G
 
Did you redeem the original mortgage and have to reapply for a new one? If so then its definitely gone.
 
No, you have no case.

Your girlfriend had no right to get your brother's tracker.

You cancelled your old mortgage and took out a new one.

Brendan
 
gc12312 said:
At the time we really did try to stay on the Tracker, but were told this wasn't possible.
Click to expand...

Another reason why you are not entitled to it. You knew full well that you were going to lose your tracker. You could have kept it by not progressing with the transaction.
 
It kind of beggars belief that you cannot remember whether or not 4 years ago you closed one mortgage and took out another! I am sure it would have involved signing documents and visits to a solicitor...
 
emeralds said:
It kind of beggars belief that you cannot remember whether or not 4 years ago you closed one mortgage and took out another! I am sure it would have involved signing documents and visits to a solicitor...
Click to expand...

In fairness to the OP, I know from dealing with clients going through this process that most of them are too excited about the idea of living together and building a life together that they would sign anything you put in front of them without looking at it!

Most of the regular posters on here are very savvy about money and we need to recognise that not everyone has that same grasp.

Mind you, I do think that people do need to, and should, understand their own finances

mf
 
Either option would have required a visit to the solicitor and forms signing whether it was a new mortgage or adding/removing someone from the mortgage/deeds.
 
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