Advice needed Northern Rock together mortgage, discharged bankrupt

Southern_Rach

Hi, woudl be really grateful if anyone can offer me any advice/guidance. I have a NR together mortage with my husband who I have been separated from for 2 years. He has never paid since moving out and left me with £30k of unsecured debt in my sole name so last March I went bankrupt and was discharged in Sept last year. I have maintained the payment of the secured part of the mortgage and have no arrears on it
I have recently contacted NR about change of parties as was lookign to try and put in my name alone but they have said they wont do as no one is then liable for the unsecured.
I then talked about putting my new partner on but they are saying yes I can do that but as I am now discharged I will be liable again for the unsecured. Without the unsecured the house is just in negative equity but with it, its is massively so. I am so confused as its a separate loan and surely if I am liable again then I would be liable for all the other stuff I went bankrupt to escape??!!
Thanks in advance

izools

you aren't, and never will be, liable for any unsecured debts included in your bankruptcy.

If NR make you sign a new credit agreement, however, then you'll be liable - for a new loan.

Southern_Rach

Thanks Izools, I thought this was the case but with what they are telling me I am in 2 minds whether I will ever be able to do a change of parties as they havent got anyone to pay the £25k back or whether I am better just giving back the keys. I feel backed into a corner by NRAM over it as I honestly cant see what the point is of keepign my ex on the mortgage when he wont pay and is off the radar in terms of them finding him so all NRAM keep telling me is they will put a 2nd charge on the house to cover what he hasnt paid, and there is nothing I can do about it seemingly!!

izools

I can't comment on your situation but I gave the keys back to Abbey National about six months after my bankrupty as the property was in 30K negative equity and I had been made redundant.

It was pretty painless really, and I'm very very glad I did sooner rather than later.

Southern_Rach

Thanks Izools, one last question if you dont mind answering, Did you end up then being liable for the shortfall on your mortgage or had you not been discharged at this point? Im thinking I will get caught for Nrams fees for repossession etc and will be liable for half alongside the ex husband but this may well be the most pain free route

izools

It doesn't matter whether or not you're discharged at the point you give the keys back, it was a pre-existing debt at the point of bankruptcy and the estate belongs to the official receiver, not you. You aren't liable for the shortfall. You'll get chased for it, just point out to them "This was included in bankruptcy order xxx of xxxx at the xxxxxxx county court" and they'll go away.

The fees and shortfall will defer to the joint mortgage holder if they haven't declared themselves insolvent / bankrupt.

My OH is having to pay the shortfall on the Abbey National mortgage, but I'm helping with the repayments and I'm a good negotiator so it's costing almost nothing. The mortgage account fell off our credit files for no apparent reason, too, which is nice