Trapped in a Mortgage! Help??

rori111

I purchased a flat in November 2005 with my then-husband, which we took out a mortgage for jointly with Nationwide. I separated from my husband and left the property in early 2006, and have not lived there since. We were divorced in October 2006. I have just ordered a copy of my credit file and was dismayed to discover that I am still named on the mortgage, which I thought I had been removed from in mid-2006 (there are no outstanding disagreements / claims over the property or its value). I have spoken to my ex-husband, who said he did contact Nationwide but they have refused to take me off the mortgage as he has missed payments in the past 12 months. Help! This doesn’t seem at all fair to me!
What steps can I take to get myself removed from this mortgage? I would also like the mortgage profile deleted from Experian / Equifax, as I have had nothing to do with it since 2005. Where do I stand? Any helpful letter templates / advice etc would be much appreciated…

Prudent

It might be worth going back to your solicitor. They should have checked this had been done as part of the divorce process.

ILW

Unless your ex bought out your part of the mortgage and took on a new one, you will be liable for any missed payments. In fact if he defaults you could be liable for the whole amount. Did you have any reason to believe you were not on the mortgage any more?

rori111

Unfortunately I took his word for it at the time. we did not involve solicitors at the time of the divorce, as there were no financial amounts etc in dispute, so to save money we just completed the court forms ourselves. I know I could be held liable for any missed payments etc, that's what's worrying me! I am concerned that even if I approach Nationwide and demand my name be removed from tha account, they might just say no, if that happened I have no idea what recourse I have to getting this sorted out...

ILW

If you ex cannot keep up the payments, I think you need to force a sale of the property and then you will probably have an equal share of any equity (negative or positive). You do need legal advice.

poppy10_2

You can't simply delete yourself from a mortgage, you need to be bought out from your obligations

Bunny_Mad

Hello Rori111.

Im sorry to hear that you thought your ex had sorted it out.
If you are on the mortgage, you must still be on the mortgage deeds too? So you still have some say over the sale of the house.

You cannot remove your name from a mortgage, you cannot even remove it from a bank account these days. (The account needs to be closed & reopened in the sole name.)

The mortgage profile cannot be deleted from anywhere, and as the mortgage was taken out & is still in both of your names it will & has affected you too. It is not possible for you to reinstate your good credit rating either. It is not up to the Bank/BS to check you are still together each month it the responsibility if the debtors.

The best you can hope for if you force the sale of the property (if your ex cannot get a new mortgage on his own & buy you out- which if he is defaulting he wont be able to) is that you can add a notice of correction to the credit reference agencys, about the information held on file about you. It will not delete it (the records remain on file for 6 years) but a notice of correction, gives you the chance to explain why/what the situation is behind the late payments etc.

I have 2 main concerns....
One is, if your ex lied about taking you off the mortgage, could he have lied about taking you off other accounts/cards too? You need to think about who you both had accounts with & make sure you are no longer associated with them. (Lets hope they arent in default too. Otherwise they will be very reluctant to remove you, whatever the situation.)
two is the Big Worry........depending upon how many times your ex has defaulted this account could be getting to the stage where Legal Action is required. You need to get Legal advice BEFORE it gets to that stage and in te meantime contact Nationwide & explian what has happend (dont expect them to be understanding or apologetic) BUT they do need to know & notate the account with what you have told them & that you are seeking Legal advice with a view to forcing the sale of the property if the mortgage is not brought upto date by your ex & the mortgage put into just his name.
(Sadly you still wont be able to reinstate your credit file/rating.)

Im sorry to bring bad news.
I hope this has helped in some way.
I hope you get it sorted out & the sooner the better really.
Good Luck.