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can my ex (or indeed NR!) force sale of house/
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aero1
Posts: 110 Forumite
Hi there.
I went bankrupt in Jan 2010, ED August. The mortgage with NR was/is a Together Mortgage so part (£140k) is secured mortgage, and the other part (£30k) is unsecured. Mortgage was taken out in mine and my ex husbands name.
I went bankrupt, and managed to keeep the house as it was in negative equity. Due to bankruptcy, I am no longer liable for unsecured part, my ex husband is (Please dont judge me for this, its a sad and sorry tale).
I have kept the secured mortgage element fully paid up to date. Ex however has at no time made any payments on the loan. When I contact NR re whats happening with the loan, All that they would tell me was that if all else failed they would apply to put a charge on the property, because the motgage is still in joint names.
On Saturday, NR left a message on my phone by mistake, meant for my ex, saying he must contact them within 48 hours and then today, my ex has said I must give access to an estate agent to value the property!
We dont speak at ALL, so he wouldnt explain why, just threatening to turn up and I guess cause a scene if I dont give access. Sooooo, does anyone know, if NR are requesting this, can this mean they are going to force me to sell? Even selling will not clear the loan. Can anyone tell me what to do?? Should I even let the estate agent in? What can my ex do without my agreement? Have visions of me and my kids out on the streets by Christmas
Cant afford a solicitor have no idea what to do... but have the feeling I should be taking this to court...
I went bankrupt in Jan 2010, ED August. The mortgage with NR was/is a Together Mortgage so part (£140k) is secured mortgage, and the other part (£30k) is unsecured. Mortgage was taken out in mine and my ex husbands name.
I went bankrupt, and managed to keeep the house as it was in negative equity. Due to bankruptcy, I am no longer liable for unsecured part, my ex husband is (Please dont judge me for this, its a sad and sorry tale).
I have kept the secured mortgage element fully paid up to date. Ex however has at no time made any payments on the loan. When I contact NR re whats happening with the loan, All that they would tell me was that if all else failed they would apply to put a charge on the property, because the motgage is still in joint names.
On Saturday, NR left a message on my phone by mistake, meant for my ex, saying he must contact them within 48 hours and then today, my ex has said I must give access to an estate agent to value the property!
We dont speak at ALL, so he wouldnt explain why, just threatening to turn up and I guess cause a scene if I dont give access. Sooooo, does anyone know, if NR are requesting this, can this mean they are going to force me to sell? Even selling will not clear the loan. Can anyone tell me what to do?? Should I even let the estate agent in? What can my ex do without my agreement? Have visions of me and my kids out on the streets by Christmas

Cant afford a solicitor have no idea what to do... but have the feeling I should be taking this to court...
Learn from yesterday, live for today, plan for tomorrow
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Comments
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Hi, because only your ex owes them the unsecured part, if they get a charging order it will be against his interest only not against the whole property and so they should not be able to force a sale.
In certain circumstances and after a lengthy court case a joint owner can in some circumstances make the other joint owner sell the property, this is quite rare thoughHi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.0 -
:kisses3:Hi hon, sorry to hear what you're going through sounds like real tough times for you. I have no advice or ideas for you, just wanted to know thinking of you and wishing you well xx0
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Thanks guys, Jez123cars for your kind words and Debtinfo for that useful info re charge... I feel a bit better already.
Any further comments/suggestions greatly appreciated alsox
Learn from yesterday, live for today, plan for tomorrow0
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