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Help with this minefield please.

minxtress
minxtress Posts: 774 Forumite
edited 18 January 2011 at 1:17PM in Mortgages & endowments
I am currently at year 12 of a 25 year Mortgage, interest only with Nationwide. The house is worth £140,000, mortgage is for £43,750.
I took out the mortgage with my ex (who I am now on good terms with) but we seperated pretty soon after this and I was left to take over the mortgage on my own. He has never contributed and wants nothing from the house or equity etc, thats all fine.
Problem I have is he took out a loan with Nationwide when we split up, and defaulted on the payments. To cut a long story short they made a charging order against the property to the sum of the £10.000 of the loan. He has been paying £80 a month for the last 7 years of this to try get rid of it, but every payment he makes £30 of it is gone in interest and charges.
We both want him off the mortgage as hes remarried again and I am more than financially able to be solely responsible for it on my own, I have been paying it for the last ten years anyway, so my question is how do we go about doing this given the charging order?
I have said I would be willing to remortgage and pay it back and he can pay me monthly but I just dont know who to go to to see about this and get the ball rolling, or if it can actually be done.
I also have a CCJ on my file which is due to come off this year as paid in full, should I wait until this is off my file

Comments

  • GMS
    GMS Posts: 5,388 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If you do not know where to start with it all I would suggest speaking to a good broker.

    Remortgaging would be the best option it would seem.
    I 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.
  • In my opinion it can't (unless Nationwide agree and I think that most unlikley since that would be reducing their security) - he currently owns (unless there has already been some other final settlement documentation raised and I doubt that would be successful anyway) half a house and has a full liability for the mortage (joint and several with you) and the loan (in his own right).

    The only good news is that since both loans are with the same lender they will probably be adult and sensible and leave the property alone as long as the mortage is being paid normally and the loan is being served to at least some extent.

    This is not my area of speciality (although I am fairly confident in my answer) but in view of the importance I would float it past a solicitor ASAP.

    If I read your last line correctly you are willing to pay off his loan in the process of removing him from the mortgage/ownership - if so this may well be possible if your income meets Nationwide criteria.

    I would be concened that your financial association is impacting on your credit score - I suggest you check your credit report(s) urgently - as any such isusue will affect your ability to remortgage.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • minxtress
    minxtress Posts: 774 Forumite
    In my opinion it can't (unless Nationwide agree and I think that most unlikley since that would be reducing their security) - he currently owns (unless there has already been some other final settlement documentation raised and I doubt that would be successful anyway) half a house and has a full liability for the mortage (joint and several with you) and the loan (in his own right).

    The only good news is that since both loans are with the same lender they will probably be adult and sensible and leave the property alone as long as the mortage is being paid normally and the loan is being served to at least some extent.

    This is not my area of speciality (although I am fairly confident in my answer) but in view of the importance I would float it past a solicitor ASAP.

    If I read your last line correctly you are willing to pay off his loan in the process of removing him from the mortgage/ownership - if so this may well be possible if your income meets Nationwide criteria.

    I would be concened that your financial association is impacting on your credit score - I suggest you check your credit report(s) urgently - as any such isusue will affect your ability to remortgage.

    I have my credit report and I have no financial association with him on this.
    Like I say we both want this and are willing to do whatever it takes, its just how to go about it.
    Thanks
  • Senior_Paper_Monitor
    Senior_Paper_Monitor Posts: 2,918 Forumite
    Part of the Furniture Combo Breaker
    edited 18 January 2011 at 1:54PM
    In which case (without considering any ERC issues should you still be in a deal period with Nationwide) considering all lenders in order to get best deal (and match criteria) would be sensible - because of the charging order this needs to be carefully handled with any new lender in particular and using a whole of market broker as GMS suggests would almost certainly be best.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • beecher2
    beecher2 Posts: 3,677 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    Do you have a repayment vehicle in place for the mortgage? If you change lender they'll want to see evidence so cost up a repayment mortgage if need be.
  • minxtress
    minxtress Posts: 774 Forumite
    Its a repayment mortgage I want to change to so I can pay off some more when I have it.
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