Mortgage 'lies' lands Leeds man in crown court

The brother of a professional footballer lied about his income to obtain a mortgage on a £200,000 house in Leeds.

James Montgomery – brother of Leeds-born Sheffield United midfielder Nick Montgomery – claimed to be a company director on a salary of 70,000 in order get HSBOS to give him the mortgage for the property on Pinfold Lane, Methley, back in 2003.

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In reality he had an annual income of just 13,000.

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Richard Wright, prosecuting, told Leeds Crown Court Montgomery's brother was a wealthy football player but it wasn't declared to the bank.

Since the purchase of the property seven-and-a-half years ago, no payment had been missed.

The bank had not closed the loan and there was no intent to do so as the mortgage had been paid regularly.

Mr Wright said James Montgomery, 30, who pleaded guilty to obtaining services by deception, had accepted he had benefited around 10,000 as a result of his criminality.

The court heard he has no previous convictions.

Richard Barradell, mitigating, said Montgomery had already agreed to repay the 10,000 within a week.

The barrister said the offence was more than seven years old and there had never been a problem with mortgage payments.

He said: "In many respects he is an ideal customer for a bank. It's verging on being a technical offence."

Judge Rodney Grant also ordered him to do 120 hours unpaid work in addition to repaying the 10,000. The judge said he must repay the community as a result of the crime he committed.

He said: "Normally such cases would be dealt with on conviction by imprisonment. But your case is unusual for several reasons.

"The first is that this offence is some time ago now. Secondly, it seems plain that your intention at the time of taking out this mortgage was that your brother should assist you with the payments."

The judge added: "No one has lost by your actions."