I’m applying to remortgage my flat, and I was reading through the conditions. It says the following:
We have all the rights and powers, including to delegate to others, that we could exercise if we were the absolute owner of the Property, including the following: - 39.4.1 to take possession of the Property 39.4.3 to sell or let or otherwise dispose of the Property;
However, it also says:
we will not exercise them until the end of the Term or if the Debt has become repayable under Condition 31, whichever is the sooner
Condition 31, is the part about “On Default or in Certain Other Events”, so I’m not worried about that since it seems standard, but the “end of the Term” just means after the fixed term right? Even if I’m up to date on payments.
So does this mean the mortgage provider has the right to take possession of my house, or sell it, even if I’ve made all payments? That doesn’t seem right.
Is this a typical term on a mortgage that I shouldn’t be concerned about, or is this be something I should be concerned about?
I haven’t hired a lawyer for the remortgage as it’s inclusive of all fees, and it didn’t seem necessary. But maybe I should get a lawyer to look over the terms before remortgaging my flat?


Definitely talk to a lawyer.