Ex still on mortgage & not paying, new mortgage app declined cos of his debts. HELP.

zzzLazyDaisy

Click on 'find a property' (top bar, green tab on right side).

Then click on advanced search and enter the details of your property.

You will need to register and pay £4 by card.

When you get the deeds, you need to scroll right down to the 'Charges Register' this is where you will find details of all companies who have registered a charge against the property for money owed to them. The first one should be the name of your mortgage lender.

Hope this helps

RACHIE77

zzzLazyDaisy wrote: »

Click on 'find a property' (top bar, green tab on right side).

Then click on advanced search and enter the details of your property.

You will need to register and pay £4 by card.

When you get the deeds, you need to scroll right down to the 'Charges Register' this is where you will find details of all companies who have registered a charge against the property for money owed to them. The first one should be the name of your mortgage lender.

Hope this helps

Thanks for your help. The mystery deepens....

I phoned Nationwide and they have another story, that the decline was due to not being able to find my partner on the experian system and the amount being borrowed being too great. Now that makes more sense!

As for the land registry results, I have nothing noted under charges register except for:

1. original buyers, (note: original filed)
2. Registered charge on my date of purchase.
3. Proprieter: (Mortgage lender)
4. The proprietor of the charge.

However under the "Title absolute" section there is a section added in 2007 that is added as a restriction that says:

RESTRICTION: no disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to Northern Rock Plc (Ref:) care of eversheds LLP etc etc being the person with the benefit of an interim charging order on the beneficial interest of Mr XYZ ex made by XYZ county court on 13 June 2007 under claim number 123456789.

zzzLazyDaisy

RACHIE77 wrote: »

Thanks for your help. The mystery deepens....

RESTRICTION: no disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to Northern Rock Plc (Ref:) care of eversheds LLP etc etc being the person with the benefit of an interim charging order on the beneficial interest of Mr XYZ ex made by XYZ county court on 13 June 2007 under claim number 123456789.

Interesting. I am not a conveyancer, so you might want to pm Richard Webster and ask him to take a look at this.

HOWEVER... as far as I am aware, an interim charging order is given to protect a creditor's interests, until a charging order application is heard by the court. A restriction is then placed on the deeds, to prevent the the debtor selling the property without the creditor's knowledge, before the charging order application is heard.

Since the interim charging order was made on 13th June 2007 (three years ago) and there is no corresponding charge on the charges register, it seems likely that the court case was settled.

The interim charging order was only against your ex's part of the equity, so it was a debt in his name to Northern Rock. Can you remember him defaulting on a loan and being taken to court? If so can you remember what happened?

Strictly, because it is your Ex's debt, the solicitor's should refuse to discuss this with you. However, I think I would write to them and explain that it is proposed to transfer the property into your sole name, and as the court proceedings have since been resolved, would they please remove the restriction from the register. If the proceedings have not been resolved they should let you know, and at least then you will know what you are faced with.

If it is an old debt, they should remove the restriction.

But as I say, I'm not a conveyancer, and the above comments are only as I understand the situation.

littlegreenfingers

My advice is see a marital solicitor even if you were not married, explain your situation and they will organise for you to see a financial adviser that will seek a mortgage for you and work with your solicitor to transfers the capital you raise to pay ex debts off. I was in a similar situation and thats what I did. I had the legal fee and financial adviser fee to pay but I included those costs with the new mortgage. I still kept my property and got him off my mortgage.
Good luck.