Stuck in a mortgage, post divorce

mortgagehell

Hi,

Am hoping you may be able to offer some advice for me.
Got divorced 5 years ago, as part of the divorce the ex bought me out of our house and I got a tidy sum from the equity. Part of the court order stated that the ex had to endeavour to remove me from the mortgage - that was 2 years ago and yep you guessed it, I am still on the mortgage.
I have contacted Nationwide who are refusing to remove me from the mortgage as the ex doesn't earn enough in his own right, so he has to replace me, or rent the house and move to buy to let, or sell the house. He doesn't seem to want to do any of those options and is being quite unreasonable about the whole thing. Meanwhile I am left renting.
Nationwide do not seem to want to chase it up, even though I have told them I have changed my name and the person on the mortgage is not my name, the don't have my current address either (I found out because post was forwarded to me). I was told by Nationwide that on the plus side I am still joint owner of the house.
I have had some legal advice and that was that I need to head back to court again! But surely Nationwide should chase him to sort something? Do I have any comeback as Nationwide are not doing anything?
If he deafults could it affect me potentially (although the person on the mortgage is no longer my name)?

Any help is appreciated.
Thanks

[Deleted User]

It's not in Nationwide's interests to get you off the mortgage. Why would they want to?

You will need to go back to court or involve a solicitor.

Hanky_Panky

Exactly as he said ^^^

Seen this so many times it defies belief for me.

OP - your mistake was believeing the BS your solicitor gave you - What you should have done at the time was make absolutely certain that you could be removed by Nationwide before agreeing to anything. You are now screwed and yes - if he defaults they will quite rightly chase you for payments and it will affect your credit file plus may also affect your ability to get another mortgage if that's what you want. They will find you and they will be able to recognise that your name has now changed so no escape.

Your only option is to force the sale through the courts if he won't play ball and doesn't qualify for the mortgage in his own right.

mortgagehell

The house was being rented and at the time of going to court, Nationwide were happy to remove me but he has since moved into the house and it has changed the goal posts and now they refuse to remove me.

I pushed for an outright sale at court but in the end it was coming across as me not wanting to resolve things, so I caved in to him buying me out - plus it cost me £10k just to get to that stage - so a tad reluctant to head back to court.

I know Nationwide couldn't give a monkeys as long as someone can be chased - feeling a bit shafted really.

ACG

you have to go to court to force the sale.

You have no alternative, just because your name has changed does not mean you are no longer that person or that person no longer exists. Everyone would take out credit cards then change their name wouldnt they otherwise, your still liable if he stops paying as much as your ex husband is.

Tell him that he either sells, or you will force a sale through court and request any costs from the proceeds of the house sale.