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Securing Loan onJoint Mortgaged Home

I have a joint mortgage with my husband (still 17 years to go). Does anyone know if my husband is able to secure a loan,or use his ownership as a guarantee without my consent as the joint owner? Also, if he were to indicate to a lender that he was sole owner, would the mrtgage lender be made aware (by the lender of the loan) that he has used the house as security or guarantee?

Comments

  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    I think that it might depend on whether the property is held as joint tenants or tenants in common but I could be making that up, as I have no experience of this. If you suspect that your husband may be in the process of applying for a secured loan against your wishes you should contact your mortgage lender immediately. Or perhaps I'm thinking of the Land Registry. I dunno.

    Have you asked your question on the Mortgages & Endowments forum? There may be people more able to give you a sensible answer there.
  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    In order to register the mortgage at the Land Registry the lender would need both signatures if the property is owned by 2 people (regardless of whether joint tenants or tenants in common) so it could not be a secured loan without OP's agreement.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
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