building society "error"...help please

bertiebunny

Hi
I'm reallyy hoping someone will be able to offer me some advice on mine and my partners current situation. Sorry if its a bit of a ramble.

My partner had a mortgage with his ex partner a few years ago. He believed he had signed a transfer of equity form at the building society to take him off the mortgage in 2002. However, he recently was turned down for a contract mobile phone and upon checking his credit report it appears he is still on the mortgage and his ex has been making late repayments every month for as far back as the report goes! When he has tried to contact the building society they keep fobbing him off and not ringing back. When he got throiugh to head office all they would do is confirm he was still on the mortgage but referred him to speak to the branch. His ex is next to useless (ignoring calls etc) but has said she's been told its an administration error on the building societies part. We're at the point where we really want our own mortgage now but obviously this isn't going to be possible unless they find this 'lost' transfer of equity form. No solicitors were used at the time either so they wouldn't have a copy.

Any advice would eb gratefully received as this has been going on for so long now, i'm beginning to think we'll never get our own home.
Thanks

Karen x

Debt_Free_Chick

What did the branch say?

If the form has been lost, a new one will be needed - but I assume his ex has the means to support the whole mortgage on her own income, only

Richard_Webster

No solicitors were used at the time either so they wouldn't have a copy.

He believed he had signed a transfer of equity form at the building society

So they went to the BS to inquire about a transfer of equity. Would have needed to have a solcitor to deal with it - looks as if that's all that happened - the form would have been an application form, I expect, so it probably progressed no further - may be the other party couldn't support the mortgage on his/her own and BS turned him/her down so it never proceeded.

bertiebunny

She has been paying the mortgage late each month which is showing up on my partners credit report . Branch is saying that the solicitor must not have completed the job as he is still on the land register too. I'm sure we can't speak to the solicitor as the ex was the client and she has decided to ignore all attempts to contact her. We can't afford to hire a solicitor to sort it out so i really don't know where to go from here

poppysarah

If you can't afford a solicitor then you can't afford a mortgage. sad but true.

This ex is living in a house she can't afford and your partner needs to either get her off the mortgage or get him off. it's going to be messy and need some legal help.

Your partner needs to go and speak to the ex - perhaps get the house valued and see what way forward there is.
It may be the house is worth more than the mortgage and things could be cleared up easily.

bertiebunny

as i understood it he wouldn't be entitled to any equity in the house as he hasn't been paying the mortgage for 7 years. Also wouldn't it need permission from both parties to put the house on the market?