legal advice, bankruptcy, repossession...

kate1986_2

I'm posting this here because it's more about my mortgage than my bankruptcy. Just want to ask about my situation. I'm half way through my bankruptcy because I was stupid enough to get credit in my name whilst with my ex boyfriend. We broke up and he denied all responsibility. We have a joint mortgage and we both moved out of the house. it's been empty for a few months now. He said he was planning to move in and take over the mortgage, but he just never bothered. I'm hoping it will get repossessed ASAP because it's not worth much, so my share of the shortfall will be included in my bankruptcy, and as far as I know, he'll be left with the debt, which is exactly what he deserves after being so smug about the situation he left me in. Especially after I lost my job while all this was going on.
Anyway, I was passing the house last week and the locks have been changed, and he's put signs in the window to say that ID must be provided and that there are legal restrictions in place which prohibit me from entering the property. It's pathetic, the sign doesn't even make sense. Who's supposed to be the one asking for ID? Also, he has no legal right to deny me entry. My name is still on the mortgage, although the mortgage hasn't been paid for 6 months now. I don't actually care because I have no need to have anything to do with the house, I just want rid of it. I'm not sure if he's came up with some cash and is planning on clearing the mortgage arreas and moving in.

I'm not sure what my question is exactly, I'm just looking for a bit of input on the situation. I know he has no legal right to claim the house as his, or could he have got some kind of court order because I'm bankrupt? And last time I spoke to the mortgage company, they weren't even considering repossession even though it hasn't been paid for 6 months. But now since he's taken over the house, I wont receive any of the letters from them. It's just annoying that I don't know what's going on, or if he's got some kind of sneaky scheme going on.

Sorry if this seems a bit strange, I just thought people with a bit more knowledge on this sort of thing would be able to shed a bit of light on the legal side of it all.

Thanks x

silvercar

I was passing the house last week and the locks have been changed, and he's put signs in the window to say that ID must be provided and that there are legal restrictions in place which prohibit me from entering the property. It's pathetic, the sign doesn't even make sense. Who's supposed to be the one asking for ID?

Are you sure this is your ex and not the lender? Notices on doors and changing the locks sounds like a lender repossessing.

Phone the lender and find out what is going on. Your ex can't take over the mortgage and property without your knowledge/ agreement.

kate1986_2

It was definitely him. He's wrote my name is big capital letters. It says something stupid like "Do not allow access to any other person other than [his name]. Legal restirctions in place against [my name]." It's all in big scruffy capital letters, with spelling mistakes and things crossed out. It looks like he wrote it on the back of cereal boxes that he's stuck together too

getmore4less

Are you bankrupt or not yet?

kate1986_2

yes, 6 months in.

getmore4less

So the OR should have soted out the mortgage and the house.

what happened 6 months ago?

perhaps the ex paid the £1 to take over your equity(lack of).

kate1986_2

I spoke to the mortgage company about a month ago, and as far as they were aware, all that had happened was that 6 payments had been missed and this balance was still outstanding. I heard that he was planning on paying the £1 about 3 months ago, but he just never bothered, and I assumed the OR would have told me about this if it had actually happened. As far as I know, he's just changed the locks and put that stupid sign up out of pettiness. It's all just really annoying

getmore4less

Go back and find out what has happened about the house, you should have been able to remove yourself from this asset/debt as part of the bankrupcy.

If it hasn't been sorted then you will may still be liable for any shortfall.

kate1986_2

How do I do this? I was under the impression that my name was stuck on there until they repossess it, and regardless of what happened, the bankruptcy would save me from oweing anything

getmore4less

I think I misunderstood how benifitial interest and title works for joint owners, looks like the senario you are is standard.

http://www.insolvency.gov.uk/pdfs/guidanceleafletspdf/home.pdf

Radiantsoul

kate1986 wrote: »

How do I do this? I was under the impression that my name was stuck on there until they repossess it, and regardless of what happened, the bankruptcy would save me from oweing anything

I think you need to speak to the OR and ask them what they are doing with the property. Your interest in the property vest with the OR and they have to deal with it.

Probably the best outcome is that the OR sells your interest to your ex. I assume it would cost about £1 plus costs. Another option is the mortgage company repossess and proves in your bankruptcy for the shortfall.

I think there is a slim risk the OR does nothing with the property and hands it back to you in three years time(if there is no equity at that time). The mortgage company might then repossess you and bankrupt you [again]for the shortfall. This strikes me as possible as the unsecured debt has not crystallised in this bankruptcy.