Mortgage repossession and BR (email to OR)

kate1986_2

Instead of typing everything out again, this is an email that I'm going to send to my OR tomorrow. I thought I'd post it here too to see if anyone can help, as I like to get different opinions to make sure I have all the info

My situation is a bit complicated, but I hope you can help me. I'll try to keep it simple.... I'm currently 6 months in to my bankruptcy, but my name is still on a joint mortgage with an ex partner. The house is in negative equity so I don't think you're interested in it, but I'm not sure if he's tried to purchase the beneficial interest. I'm not interested in the property, it's been empty for months. I just want the mortgage company to repossess it so that I don't have it hanging over my head anymore. I understand that when this happens, any shortfall that becomes due will be included in my bankruptcy. Is that correct? Anyway, what's worrying me is the fact that he's actively trying to make the situation that I'm in even worse than it already is. He's changed the locks on the property, even though no one is living there, and put big scruffy signs on the windows saying that there are legal restrictions against me, and ID is required to enter the premises. It's all very childish and immature. I just need to know if there's anything that he can do that's going to affect me further, from a financial perspective. I'm not sure if you're going to have any further involvement with the property, or if the beneficial interest will just transfer back to me in three years, but I'd imagine it would have been repossessed by then. I'm not sure how it all works, but he might be doing something stupid, such as delaying the repossession until after my bankruptcy is over so that I'm still liable for the shortfall. Would this be the case, or would the debt still be included in my bankruptcy?

I hope you can help, as I'm just trying to put this whole mess behind me

Thanks.

fa1ryw1ngs

Looks fine to be.... bumping your thread for others to see also xx :A

peachyprice

There's nothing bad your ex can do to you.

The OR will not get involved at all and will just pick up the tab after repossession. It doesn't matter whether that happens in a weeks time or 10 years time, you will never be liable for any shortfall.

There is no way your ex can delay repossession unless he's paying the mortgage and arrears.

HTH

kate1986_2

Well that's a relief, thanks. The OR didn't bother replying which I expected.

kate1986_2

Is there anything he could have done regarding the house to deny me access to it? I'm not sure if there's any restrictions or court orders that he could have applied for with me being bankrupt and not paying towards the mortgage. I'm just wondering if the legal stuff he's going on about are just his usual childish lies.

peachyprice

No there's nothing, you're still a legal owner, until it's been repossessed he cannot do anything to keep you out of the house, I think you're right, he's just being childish and taking advantage of the fact that he thinks you don't know otherwise.