Mortgage advisor liability: Get free advice

Questioner

Good day, We agreed on a mortgage with our mortgage advisor, with one part interest-only and two parts annuity. We first sold our house last year, and then bought another house. Yesterday he helped us fill in the provisional refund. It turned out that the loan parts were all annuity and that no interest-only part was included in our mortgage. After he had received the papers back from the mortgage provider, he told us that he had not noticed this. We are now faced with an increased monthly payment of €175. This was not the agreement and it has come as a shock to us, what can we do? Is the mortgage advisor also liable for this error, which is costing us extra money? Kind regards .

Lawyer

Ir/Madam, What is important is what is in the signed offer and how the mortgage deed was signed at the notary? Was this done by proxy or did you sign personally? It appears that the mortgage advisor and the mortgage provider have not fulfilled their duty of care. This can be judged on the basis of the documents. I am willing to study these for you at no cost and to provide you with further advice. Do you have any questions? Please feel free to ask. Yours sincerely,

Questioner

Good day, Thank you very much for your response, see below the answer from the mortgage advisor. Although making mistakes is human, I could hardly imagine that we deviated from our final advice and your final choice when applying for the mortgage. I therefore requested the original mortgage application. This shows that we applied for a mortgage using your transitional law for an interest-only mortgage. The application was therefore sent out correctly. However, the output (the interest rate offer and the final offer) was incorrectly drawn up. This went unnoticed by the mortgage provider, our service provider, my internal service colleague, you and me. The final offer was signed by you for approval and therefore the mortgage was passed on the basis of this offer, unintentionally, entirely on an annuity basis. As far as I'm concerned, you can't call it a debacle. Literally, a debacle is a catastrophe, a great loss or a grand failure. An annuity mortgage may result in a slightly higher monthly payment (by you bearing it well), but on the other hand, your mortgage is fully repaid! Unlike an interest-only mortgage, you are therefore building up assets. In addition, the higher payment has gone unnoticed by you over the past six months. The affordability of the mortgage has not been compromised. That doesn't mean it wasn't intended that way. They will now see whether the mortgage lender is prepared to convert everything according to the original plan. What do you think is advisable in this?

Lawyer

I advise you to insist that everything is converted as intended. Of course not at your expense. The argument that you did not notice the omission and that the higher costs are good for you, is a dry reason. Do you have any questions? Please feel free to ask. Yours sincerely,