Not upheld: mortgage administration delay - Change of Borrower transfer not completed complaint against Santander

Decision detail

Summary

Mr P, as Personal Representative of his late wife's estate and sole beneficiary, sought to transfer a buy-to-let mortgage from his deceased wife's name into his sole name through a Change of Borrower application with Santander. Although Santander issued a mortgage offer in March 2024, the transfer was not completed due to missing documentation. Santander required both a signed acceptance of the mortgage offer and a signed AS1 (Assent) form, but Mr P's solicitors repeatedly failed to provide these correctly, sending unsigned documents, photocopies, or incomplete submissions. The ombudsman found no fault with Santander, as it clearly communicated requirements and the solicitors bore responsibility for submitting correct original documentation. The complaint was not upheld, and the £250 compensation already paid for a ten-week communication delay was deemed adequate.

The Ombudsman's reasoning

The ombudsman reviewed the entire timeline and found that Santander clearly communicated its requirements to the solicitors on 30 May 2024. The solicitors were responsible for submitting correct original documentation, not photocopies or faxes. After the signed acceptance was received on 16 September 2024, Santander was waiting for the original signed AS1, which was never properly provided. The solicitors sent unsigned documents, photocopies, faxed copies, or documents sent before the acceptance was received. Call recordings confirmed Santander explained requirements clearly. There was no evidence that Santander 'lost' a sealed AS1 as claimed by Mr P. The only delay attributable to Santander was approximately ten weeks in confirming the acceptance was still outstanding, for which £250 compensation was already paid.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website