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Buttonbear
Posts: 15 Forumite
Hello all - I'm new to the forums but not to the site and as I know there are some extremely clued up people out there I wanted to request some help.
It's not strictly about money saving but may be life saving. And you may want to get a cup of tea and a biscuit - its a long read.
I currently live with my partner here in Scotland (important detail) and for the last year or so we have been having all the usual problems associated with debt, specifically those which come after a divorce. After an eviction notice was served this time last year and we managed to avoid it by having some very very good friends we decided that the easiest thing to do would be to remortgage - thus clearing our seperate debts and creating one payment.
We applied and managed to get to the offer stage this January - after applying in August. That is honestly how long it has taken and it's still going on. You see my partner's bank - I won't name names but they are partners with the catchy pop-video style adverts - had managed to screw up the address for his account so that all paperwork was going to one his (now) ex-wife had lived at, so when he got into problems (they closed down the direct debit going to the mortgage account so that payments weren't transferred) he didn't know about it. And then they declared his ex-wife dead and shut down all account activity, again sending all paperwork apparently to this address he has never had access to. All of this without his knowledge and consent. We know the address was change because the comapny we chose to remortgage with came back and asked us why the address was different at the bank! We *repeatedly* asked the bank to stop doing this but it still gets thrown up.
But gentle friends that is not all. After all the hoohah trying to get the remortgage sorted we got to the stage of conveyancing and hit another iceberg. Before they divorced my partner's ex-wife declared herself insolvent, but declared that her husband should not be held liable for her debt. However, it transpires that rather than removing her name from the title deed the insolvency practitioner now owns half our flat. We never received any notice of this apart from an email stating "I've declared bankruptcy, don't worry you're not liable." and now because of her insolvency she cannot sign the title deeds over. She also will not give us the name of the insolvency practitioner she used.
And then.... this evening... we received another eviction notice! We now have 21 days to find £1400 unless we contest and go to court, or find the money. Neither of us can take a loan out to cover this debt - as I said this is the 3rd (!) time this has happened, we can't remortgage to cover the whole value because of the deeds and quite frankly both of us feel like doing a Dirty Den and running for the Costas...except..oh yeah - we don't have the money!
Someone please say you've been in this situation and survived or know how to get out of it. I've put over £3000 into improving the flat, it has doubled in value since my partner bought it 10 years ago but it's as much use as a chocolate teapot and has become the albatross around our necks. This was meant to be my first step on the property ladder but now we've discovered someone has cut through all the rings.
Help?!
It's not strictly about money saving but may be life saving. And you may want to get a cup of tea and a biscuit - its a long read.
I currently live with my partner here in Scotland (important detail) and for the last year or so we have been having all the usual problems associated with debt, specifically those which come after a divorce. After an eviction notice was served this time last year and we managed to avoid it by having some very very good friends we decided that the easiest thing to do would be to remortgage - thus clearing our seperate debts and creating one payment.
We applied and managed to get to the offer stage this January - after applying in August. That is honestly how long it has taken and it's still going on. You see my partner's bank - I won't name names but they are partners with the catchy pop-video style adverts - had managed to screw up the address for his account so that all paperwork was going to one his (now) ex-wife had lived at, so when he got into problems (they closed down the direct debit going to the mortgage account so that payments weren't transferred) he didn't know about it. And then they declared his ex-wife dead and shut down all account activity, again sending all paperwork apparently to this address he has never had access to. All of this without his knowledge and consent. We know the address was change because the comapny we chose to remortgage with came back and asked us why the address was different at the bank! We *repeatedly* asked the bank to stop doing this but it still gets thrown up.
But gentle friends that is not all. After all the hoohah trying to get the remortgage sorted we got to the stage of conveyancing and hit another iceberg. Before they divorced my partner's ex-wife declared herself insolvent, but declared that her husband should not be held liable for her debt. However, it transpires that rather than removing her name from the title deed the insolvency practitioner now owns half our flat. We never received any notice of this apart from an email stating "I've declared bankruptcy, don't worry you're not liable." and now because of her insolvency she cannot sign the title deeds over. She also will not give us the name of the insolvency practitioner she used.
And then.... this evening... we received another eviction notice! We now have 21 days to find £1400 unless we contest and go to court, or find the money. Neither of us can take a loan out to cover this debt - as I said this is the 3rd (!) time this has happened, we can't remortgage to cover the whole value because of the deeds and quite frankly both of us feel like doing a Dirty Den and running for the Costas...except..oh yeah - we don't have the money!
Someone please say you've been in this situation and survived or know how to get out of it. I've put over £3000 into improving the flat, it has doubled in value since my partner bought it 10 years ago but it's as much use as a chocolate teapot and has become the albatross around our necks. This was meant to be my first step on the property ladder but now we've discovered someone has cut through all the rings.
Help?!
0
Comments
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oh dear this is a mess.
Who have you taken advice from? I would recommend you seek legal advice as a matter of urgency. Citizens advice should be able to refer you to someone who specialises in this.
Sorry but its not really something that canbe resolved on the mortgage board, and its not the mortgage thats the problem, its the ex wife's insolvency and the impact it has had on the property. You really do need to seek the advice of a professional and communicate all the problems in chronological order to your mortgage lender.
Best of luck and sorry I couldnt be of more help. Perhaps somebody more knowledgeable than me will be able to assist you with this.
MMI am a Mortgage Adviser
You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
Thanks Mamma,
It really does suck as I got made redundant on Monday!!! It would make an excellent soap storyline - when I was typing it I was partly laughing because it's such a farce.
I think I just need moral support really, and to see if anyone had been in such a state themselves.
My partner is going to the CAB tomorrow - I have a job interview too so fingers crossed. I have made an appointment with a solicitor too - one that offers legal aid incase I am still unemployed - trying to get a section 2 lodged to delay the repossession.
I hope this mess stands as a testament to the trouble that you really can find yourself in after a short period of time!
Thanks again xx
Em0 -
MortgageMamma wrote:Who have you taken advice from?
MM
We have spoken to the National Debt Helpline, UK Insolvency Advice Helpline, Shelter and a few emergency mortgage lenders (arrgh!) - if anyone is facing something similar I have a list I can post.
Em0 -
well I hope you come out of it OK it must be a very stressful and difficult time for you,
It won't last forever though, remember that.
Good luck
MMI am a Mortgage Adviser
You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
You probabaly need to speak to a solicitor who specialises in insolvency
i am dealing with a case where the ex-husband was bankrupt, but the wife is liable as it is on the house they have a joint mortgage on. mrs is therefore trying to repay the trustee to save her house - nightmare but getting there
good luck0 -
You (OP) might also want to consider posting in the DFW board - this might not help you deal with your current difficulties, but they will be able to offer excellent advice on how to cut down on all of your other spending, releasing more income for you.
Good luck!Never attach your ego to your position....0 -
Thanks to all who have replied - I am going to the solicitors today to try and get this sorted. I just can't believe that my partner's ex never got the insolvency practitioner to contact us and managed to get account addresses etc. changed without his say so. It makes me despair for the human race sometimes!!
One bit of good news though - I have had a job offer so there is some hope!!
Once again thanks to all for your support - I will keep you updated0
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