Mortgage advisor liability | Legal aid centre

Questioner

Ir/Madam, My husband and I took out a mortgage in 2005, and according to the mortgage advisor this would be a savings mortgage. When signing in 2005 I indicated what this AEX index fund was, because I saw investments etc. in all the papers. Mortgage advisor kept telling us that it was a savings mortgage. We signed in good faith. In 2007 I started to have doubts again, so I asked for clarification by email and again we were told that it was a savings mortgage. After we had been sitting around the table with another mortgage advisor in the past months, that question came up again. Again asked for clarity via email, so everything is in black and white. And we received the same email as in 2007 as an attachment and the same story as the last time! Our mortgage terms were reviewed by 2 other mortgage advisors and it turns out that, as we thought, we have an investment mortgage. We wonder if we can do anything with this. We signed with complete confidence in what the mortgage advisor told us... but we were given terribly false information. Greetings,

Lawyer

The mortgage advisor must inform you carefully about the mortgage to be taken out. He/she should know better than anyone how the mortgage is composed. Now that it turns out afterwards that it concerns a different type of mortgage, he has failed in his duty of care and you can hold him liable for the damage that you suffer and will suffer. I advise you to gather evidence from the other advisors, in order to strengthen your legal position. You can then hold the advisor liable in writing. If you would like help with this, you can contact me without obligation.