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Chased for secured loan,mortgage not even in my name

Hi, Never been on one of these so fingers crossed I get some advise
My husband and I have been split up since 2008 and at that time I moved out of his house as it was solely in his name and mortgage. We moved in the house in 2006. In 2007 my ex took out a secured loan on the house and I was asked to sign it. We were married so I never thought anything of it. I had severe post natal depression then so I wouldn't of thought much in to it. Since he went bankrupt he lost that house. Now last week I had a call from a loans place telling me I have to pay £41,000.00 !!! When the loan was taken I was not employed and the house wasn't in my name. I dont understand why they are pinning this on me as I should never of been authorised a loan being unemployed. Am I able to contest this?? I asked for terms and conditions and they sent it to me and it reads that "this credit agreement is secured by a mortgage over your home. "

Advice appreciated.

Comments

  • RAS
    RAS Posts: 36,206 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You really need specialist advice as this is complex. Even though you did not own the house, if you signed a loan, you may be jointly and severally liable for the debt.

    It may be that the house has been re-possessed? If so, then the loan becomes unsecured and both parties are liable for the full amount. If ex is bankrupt (which covers unsecured debt), the creditor will chase you.

    PLEASE ring National Debt line or CCCS. Contact details here http://www.moneysavingexpert.com/loans/debt-help-plan#help; both are still open for calls.
    If you've have not made a mistake, you've made nothing
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    You really need someone to look at the loan papers but if you took the loan out jointly then yes they can chase you for the outstanding amount if after the repossession and sale of the house there is still a balance. Assuming he included the debt in his bankruptcy then they can't chase him so they are now pursuing the remaining debtor.
    If you are hoping to follow the line of being unable to make any financial decisions due to your post natal depression then you need to get some professional legal advice... my personal oppinion is that if it was a joint loan there is unfortunately every chance that you will need to deal with this debt - sorry.

    ETA - RAS esplained it much better lol
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
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