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Mortgage Disputes

What can you do about improper charges, servicing errors or a refused discharge?

Mortgage disputes usually involve misapplied payments, disputed fees, prepayment penalty calculations, forced-placed insurance, or delays discharging a paid-off mortgage. Start with a written complaint through the lender's formal process, then escalate to the applicable regulator or ombudservice — both routes are free and create a documentary record.

What to do next

  1. Put the complaint in writing

    Set out the facts, what you want, and attach statements and correspondence. Written complaints trigger formal handling obligations in a way phone calls do not.

  2. Escalate to the regulator or ombudservice

    Financial-services regulators and independent ombudservices in both countries handle mortgage servicing complaints at no cost, and lenders take them seriously.

  3. Check the mortgage terms on charges

    Prepayment penalties and fees must follow the mortgage document and applicable disclosure rules. A lawyer can assess whether the calculation is actually permitted.

Frequently asked questions

Are prepayment penalties always enforceable?

They must follow the mortgage terms and applicable disclosure requirements. Calculations are sometimes wrong, so they are worth checking against the document.

The mortgage is paid but not discharged — what now?

Lenders have obligations to discharge within a reasonable period. A written demand usually resolves it; escalate to the regulator if not.

Is complaining free?

Yes. Internal complaint processes and independent ombudservices cost nothing and often resolve servicing disputes without litigation.

Can I withhold payments during a dispute?

That is risky and can put you in default, worsening your position. Get advice before stopping payment.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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