RE: SAM mortgages court case due to start24 Jan 2024 18:12
"72/9
elderly homeowner complains about
mis-sale of shared appreciation mortgage
Some years after she had retired,
Miss G took a ‘shared appreciation’
mortgage from her lender. She needed
to raise some capital to invest, in order
to increase her income. Mortgages of this
type are usually structured to require no
monthly repayments from the borrower,
when no interest will be charged on the
debt. Instead, at whatever point the
borrower decides to repay the mortgage
(or on their death) the lender is entitled to
a pre-agreed specifi ed percentage of any
increase in the property’s value since the
start of the mortgage.
In this particular case, Miss G took a loan
of £36,250, representing 25% of the
then value of her house. The mortgage
agreement set out that the lender would
receive 75% of any increase in the value
of Miss G’s property.
About eight years later, Miss G decided
to sell up and move nearer to some of her
family. Her house had increased very substantially in value since she had taken
the mortgage, and she was dismayed
to find she would have to pay the lender
a significant proportion of the proceeds
when she sold the house.
Miss G complained to the lender,
saying it had advised her badly when
it recommended the shared appreciation
mortgage. She said the lender should
have discussed alternatives with her.
She also said she had been hurried
into taking the mortgage and had not
had time to give the matter proper
consideration. Unable to reach agreement
with the lender, Miss G brought her
complaint to us.
complaint not upheld
Our investigations revealed that the
lender had been broadly positive in its
discussions with Miss G about the shared
appreciation mortgage. However, we
found nothing to convince us that the
lender had advised Miss G, or given her
the impression that it was doing so.
Instead, we saw clear evidence that her
decision had been based on advice she
received from her solicitor. In a letter
written shortly before she asked the
lender to arrange the mortgage,
her solicitor had said that a shared
appreciation mortgage ‘seemed to make
very good sense’ for her. The solicitor
suggested ways in which the money
raised by means of the mortgage could
increase her income. He also told her that
the mortgage could, when repaid, provide
the lender with a ‘hefty benefit’.
We were satisfied that the lender had
not provided any misleading information
about the features of the mortgage,
or about how it would work in practice.
And we noted that the agreement set out
clearly and prominently the way in which
the lender’s share would be calculated.
The lender’s offer did include a time limit
for acceptance (which is not an unusual
feature of mortgage offers). However,
we saw nothing to substantiate Miss G’s
view that the lender had rushed her into
signing the agreement."