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    • Love2Shop33
    • By Love2Shop33 16th Mar 17, 4:14 AM
    • 12Posts
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    Love2Shop33
    Complicated... Please help
    • #1
    • 16th Mar 17, 4:14 AM
    Complicated... Please help 16th Mar 17 at 4:14 AM
    Hi my mother and father took out a intrested only mortgage 25 years ago.

    They divorced 4-5 years ago and my mother took out an injunction so my father cannot enter the house, street or contact her (Only by solicitor)

    Now the mortgage payments have gone up my mother is refusing to pay and refusing to have the house valued for sale.

    As she cannot work and recieves benefits I think she believes it's in her best interest to be made homeless so she can get a council property sooner.

    The owed mortgage is £39,000 and houses in the street are selling for £110,000-80,000.

    Is this legal what's happening? Can she be forced to list the house for sale as not to squander her half of the equity..?

    Thank you
Page 1
    • Lioness Twinkletoes
    • By Lioness Twinkletoes 16th Mar 17, 5:47 AM
    • 1,091 Posts
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    Lioness Twinkletoes
    • #2
    • 16th Mar 17, 5:47 AM
    • #2
    • 16th Mar 17, 5:47 AM
    Clearly if she doesn't pay the mortgage the house will be repossessed thereby negating the issue of 'being forced to sell'. Why won't she pay the mortgage? What was the order of the court in respect of the house? Does your father have any rights in respect of the house?

    It is not at all certain that she'll be housed by the Council either. She may be considered intentionally homeless as she failed the pay the mortgage. Or, it may be she ends up with enough equity to make her ineligible. It is more likely she will be expected to rent privately.
    • Love2Shop33
    • By Love2Shop33 16th Mar 17, 5:54 AM
    • 12 Posts
    • 8 Thanks
    Love2Shop33
    • #3
    • 16th Mar 17, 5:54 AM
    • #3
    • 16th Mar 17, 5:54 AM
    I think that's what she's aiming for...

    My father can only communicate through his solicitor, the mortgage (interest) was paid for 20 years by him and the house is jointly in both their names.

    The injunction had nothing to do with his rights to the house, he just can't enter it for another year (by that time it will have been foreclosed or hopefully sold)

    Could a solicitor make her cooperate? As she's just being childish and difficult...

    Thanks for your helpful reply! X
    • -taff
    • By -taff 16th Mar 17, 6:16 AM
    • 7,172 Posts
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    -taff
    • #4
    • 16th Mar 17, 6:16 AM
    • #4
    • 16th Mar 17, 6:16 AM
    Can't he pay the mortgage?
    • Love2Shop33
    • By Love2Shop33 16th Mar 17, 6:31 AM
    • 12 Posts
    • 8 Thanks
    Love2Shop33
    • #5
    • 16th Mar 17, 6:31 AM
    • #5
    • 16th Mar 17, 6:31 AM
    No. Sorry should have mentioned it was a 25 year intrest only mortgage and they lapsed on the endowment policy
    • -taff
    • By -taff 16th Mar 17, 6:43 AM
    • 7,172 Posts
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    -taff
    • #6
    • 16th Mar 17, 6:43 AM
    • #6
    • 16th Mar 17, 6:43 AM
    Is the mortgage still in joint names?
    • Love2Shop33
    • By Love2Shop33 16th Mar 17, 7:27 AM
    • 12 Posts
    • 8 Thanks
    Love2Shop33
    • #7
    • 16th Mar 17, 7:27 AM
    • #7
    • 16th Mar 17, 7:27 AM
    Yes it is ��
    • FBaby
    • By FBaby 16th Mar 17, 7:43 AM
    • 16,130 Posts
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    FBaby
    • #8
    • 16th Mar 17, 7:43 AM
    • #8
    • 16th Mar 17, 7:43 AM
    Whether she is forced to sale or she agrees to it, the equity release will mean that she is very unlikely to be rehoused, so she would have to find somewhere to rent and pay with the equity until there is nothing left and she can apply for HB. I am not clear what she is gaining by refusing to sell. The alternative is that it will be taken back by the bank and sold at a lower value. What benefit will that be to her?
    • silvercar
    • By silvercar 16th Mar 17, 7:49 AM
    • 36,207 Posts
    • 153,059 Thanks
    silvercar
    • #9
    • 16th Mar 17, 7:49 AM
    • #9
    • 16th Mar 17, 7:49 AM
    As she cannot work and recieves benefits I think she believes it's in her best interest to be made homeless so she can get a council property sooner.
    Is she claiming SMI (support for mortgage interest)? This is one benefit where the money is paid direct to the lender.

    My father can only communicate through his solicitor, the mortgage (interest) was paid for 20 years by him and the house is jointly in both their names.
    So why has he stopped paying?

    One thing is certain, if the lender repossesses, both their credit rating will be hit and a lot of the equity will be lost in charges by the lender.
    • Love2Shop33
    • By Love2Shop33 16th Mar 17, 7:52 AM
    • 12 Posts
    • 8 Thanks
    Love2Shop33
    He couldn't pay the mortgage as he wasn't allowed any form of contact and he had to pay his own rent.

    So there is no legal way of making her cooperate?

    Thanks for your help x
    • elsien
    • By elsien 16th Mar 17, 7:57 AM
    • 15,434 Posts
    • 38,751 Thanks
    elsien
    A mortgage can be paid without contacting the other partner by paying it directly to the mortgage company. And as a joint payee he could have requested statements be sent to his new address. They are as likely to chase him for the money as they are her if it's in joint names.

    Was none of the financial side sorted when they divorced? And if he has a solicitor he would be better off asking them for proper legal advice than taking the word of random strangers on an Internet forum. They sound as if they're both being a bit silly, to be honest.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • xylophone
    • By xylophone 16th Mar 17, 11:48 AM
    • 23,666 Posts
    • 13,790 Thanks
    xylophone
    Has your father consulted his solicitor concerning forcing a sale?
    • Love2Shop33
    • By Love2Shop33 16th Mar 17, 12:49 PM
    • 12 Posts
    • 8 Thanks
    Love2Shop33
    Hi yes the solicitor sent out a letter and according to her it went in the bin (I can't believe how childish this sounds reading it back) x
    • csgohan4
    • By csgohan4 16th Mar 17, 12:58 PM
    • 4,019 Posts
    • 2,499 Thanks
    csgohan4
    Your mother is not a child either, she will have to take responsibility for her actions for burying her head in the sand.

    All your father can do is go through the correct legal channels. If your mother doesn't comply, he will have to try and force a sale either himself or the mortgage lender will do this eventually.

    Does your mother have mental health issues just double checking??

    Your mother may not be eligible for council housing given the equity and intentionally being made homeless
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • Cakeguts
    • By Cakeguts 16th Mar 17, 1:16 PM
    • 3,280 Posts
    • 4,572 Thanks
    Cakeguts
    Tell your mother that councils are short of housing. So in order to only let to people who really need council accommodation they won't consider people who have become homeless by their own actions and choices. So not paying a mortgage and not paying rent is considered to be intentional homelessness because the person knew that my taking these actions they would eventually become homeless.

    Ask your mother if she would be happy to live in one room in a shared house full of people that she doesn't know because that is where she is likely to finish up if she continues with the action that she it taking. She will be renting privately. She can look up how much housing benefit a single person over the age of 35 is likely to be awarded if they don't have dependents. She is not going to get a nice 1 bed flat provided by the council. They don't have enough for all the people who don't have anywhere to live. She has got somewhere to live so it is up to her to make her own arrangements.

    If she still continues to not listen to anyone you will have to allow her as an adult to find out what happens if you don't listen to other people or you will have to allow your father to sort it out. You can only do so much.
    • Love2Shop33
    • By Love2Shop33 16th Mar 17, 1:17 PM
    • 12 Posts
    • 8 Thanks
    Love2Shop33
    Thank you so much! That was really helpful ��

    She's not diagnosed with anything but she's a bit childish/slow (I must sound terrible...)
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