Because it was so close to closing, she said she would drawdown.
From what is stated, I take it they were a first time buyer, but the bank that advanced the funds will no longer class them as such. Its a very unfortunate situation.What exactly is your FTB status?
The Central Bank lending regulations?
The bank can lend you up to 4 times your salary or 2 times your salary. That is their choice.
No other lender would treat you as a Second time buyer.
Brendan
You have already been advanced a housing loan and therefore are no longer a FTB for the purposes of the Central Bank mortgage restrictions and would be recorded as such on the bank’s system.
The bank should demand the money back, as the loan is not secured by a mortgage. They don't do unsecured consumer credit loans in the hundreds of thousands. And they certainly would not charge 3-4 per cent on such loans.Can the OP not use the fund to buy another property (within the approved amount) instead of returning the fund to the bank? It will just mean their payment would have started.
As others have suggested, the bank probably has no clear cut policy for how to deal with this situation. You can probably cause a big stink and get yourself classified as an FTB again by pleading ignorance of what your solicitor was up to. But there's no guarantee. You took the risk of drawing down without knowing the other side had signed.Does anyone know if its legal to remove my first time buyer status because of this? And will this negatively affect my future application? I asked the lady on the phone and she said it wouldn't affect it, but I just want to hear what others have to say.
Basically she just said she is just as shocked as I am. And there were no signs of them not proceeding. We drew down before 5th May also to avoid interest hike. But I never knew contracts weren't signed. And she should have known better. She said I should apply again in August and see, and we'll cross the bridge when we get there. So that's all I can do now.Its unusual alright. The OP says they have emails to solicitor about contract status but got no reply.
@Chadz1988 what is your solicitor saying about this?
How ridiculous. The bank clearly doesn't know what the word 'buyer' means. Complain higher up.So I had gone sale agreed on a property. The bank approved my mortgage and everything was going well. I discussed drawing down the funds with my solicitor due to the interest rate going up soon, and if we drew down it would remain at the current rate. Because it was so close to closing, she said she would drawdown.
The issue was that the vendors solicitor had not yet signed the contracts on their behalf, and I never knew that. I asked my solicitortwice via email if they signed but didn't get a reply. And then the worst thing happened - the sellers pulled out of the sale at the last minute. They said they would sell it to me in January, but couldn't sell this year due to capital gains tax. They said I could rent the property for a lower price until January.
The bank was not happy with us having to return the funds. They called me and said I can apply again, but I wont be classed as a first time buyer. I asked why, because I've never owned a property before. And the lady said because I drew down the funds. I explained to her the situation and she said speak to my solicitor and they will be happy to have a conversation about it.
Im just worried now this will affect my application in future. And it doesn't seem fair to remove my first buyer status due to something that wasn't my fault. This whole thing has costed me alot of money and sleepless nights. I did contact the other bank where I also received approval and explained the situation to them, asking if I could apply with them again in August, and they said that will be fine.
Does anyone know if its legal to remove my first time buyer status because of this? And will this negatively affect my future application? I asked the lady on the phone and she said it wouldn't affect it, but I just want to hear what others have to say.
Complain about what exactly?The bank clearly doesn't know what the word 'buyer' means. Complain higher up.
FWIWThe relevant Central Bank regulations define a first time buyer as anybody who has not previously been advanced a home loan.
“first-time buyer” means, subject to paragraph (2), a borrower to whom no housing loan has ever before been advanced;
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