Urgent help required!!

Lillie9_2

Hi all,

Please help, I accepted an offer on my house over a month ago but the sale is being held up on my end.

My ex-husband is still on the mortgage and on top of that, has has a court order adding his personal loan of over £20,000 onto the house too. I only became aware of this when the solicitors dealing with the sale contacted me yesterday.

My ex-husband is happy to have his name taken off the mortgage but how do I get his £20,000 debt removed too???

The mortgage is with Santander and his debt is with HSBC.

I cannot proceed with the sale if it means the proceeds are used to pay off his debt!!

Please help!! Thanks.

BitterAndTwisted

Your husband cannot have his "name taken off the mortgage" while there is a debt secured on it. That is the purpose of it being secured! What you could do is to agree that the £20k is taken off his share of the equity once the proceeds of the sale are shared out.

Lillie9_2

Thanks for the reply!

Well that's the thing you see, he has no share! He is not getting any of the proceeds of the sale and he is in full agreement with that.

We divorced ten years ago but for whatever reason he was never taken off the mortgage otherwise none of this would have happened!

KRB2725

When did he take out the loan? I don't understand how he secured a loan on a joint asset without you knowing about it.

Lillie9_2

It was an unsecured loan but he never made repayments and was taken to court. He never attended the hearing and that's when the Order was made that the debt be secured against my home. The Order is called a Final Charging Order.

He is now in a repayment plan with HSBC for the debt.

KRB2725

I have just got the follwing off of the interweb! It seems that the charging order only affects his half of the property (don't know what would happen if debt outweighed equity). You should also have been informed before it happened so you could make a statement to the court.

http://www.insolvencyhelpline.co.uk/debt_factsheets/charging_orders_in_the_county_court.php

Lillie9_2

Cheers for that, I think I'll have to apply to the court to over turn the Order, or maybe make a new one.

Unfortunately I think that it may take ages and therefore cause the sale to fall through.

Thanks for your help!

RAS

lillie

You need to read a thread from the DFW forum. read this https://forums.moneysavingexpert.com/discussion/1839539

Lillie9_2

Thank you very much RAS!!!!

I think I'll be ok thanks to the information on that thread!