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Change to morthgage without both parties permission
whatt2do
Posts: 1 Newbie
Hi there
I will explain the background to my situation so please excuse me if its a bit long winded but hopefully if you can stay awake to read it all you may be able to give me some advice!
I seperated from my wife 5 years ago (now divorced ) I went bankrupt a few months after seperation due to the financial mess I had found myself in, The official receiver was really good with me as my ex wife admitted to her she had ran the debts up unbeknown to me although they were in my name. At the time we had a joint repayment mortgage my wife continued to pay it and I agreed to rent somewhere which seemed a fair decision as all children are left home and grown up. The receiver said thet my ex would have to pay out my equity or the house would be sold as there was about 25k in it. My ex wife refused to co operate and after backing and forth to court the reciever returned my share of the house to me after the 3 year period as they had spent more pursuing it than they would receive back? !
I hadn't had much interest in the mortgage as I thought the house would no longer be mine. I then found out when the house was returned to me that my ex wife had converted the mortage to Interest only, I contacted Lloydstsb and explained that there were no provisions to pay this mortgage of in 9 years and that I didn't agree with the change, they wrote a letter of apology stating that they had failed to put a marital dispute onto the account even though the receiver had notified them of the situation. They stated that as both parties hadn't agreed they would change it back to repayment.
I then received another letter 2 weeks later from someone else saying as my ex wife had said she couldn't afford repayment they were converting it to interest only and we would both be responsible to make provisions to pay it off at the end of therm, and this was their final decision and they wouldn't discuss it anymore, advising me to take it up with a solicitor and sort it out with my ex wife
Firstly I know my wife can afford it which is why we agreed that I would rent and she would pay the house which would be the same. She works for herself and deals alot in cash which she manages very badly.. aside from this though my concerns are that when the interest only term is up there is no provision to pay the mortgage, and I cannot afford to take out any policies to cover it as I am just getting back on my feet post bankruptcy. I am worried that when the mortgage can't be paid off they will reposess putting me back into the same situation, bad credit and maybe chasing me for debt, I cannot talk to my ex as I had to get a harrassment order out on her for threatening behaviour towards me, and I have spent every bit of spare money I had trying to sort things out prior to ther changing the mortgage on solicitors so that is just a waste of money as she won't respond.
My question is can Lloydstsb in doing this hold me responsible at the end of the term for the loan as I did not sign or agree to an interest only mortgage deal, I have asked Lloydstsb if they would put the mrotgage in her name only if she agrees and they said no as basically they have 2 people to come after if its defaulted on, I feel I have a ticking timebomb ahead of me any information or advice you have would be appreciated thanks
I will explain the background to my situation so please excuse me if its a bit long winded but hopefully if you can stay awake to read it all you may be able to give me some advice!
I seperated from my wife 5 years ago (now divorced ) I went bankrupt a few months after seperation due to the financial mess I had found myself in, The official receiver was really good with me as my ex wife admitted to her she had ran the debts up unbeknown to me although they were in my name. At the time we had a joint repayment mortgage my wife continued to pay it and I agreed to rent somewhere which seemed a fair decision as all children are left home and grown up. The receiver said thet my ex would have to pay out my equity or the house would be sold as there was about 25k in it. My ex wife refused to co operate and after backing and forth to court the reciever returned my share of the house to me after the 3 year period as they had spent more pursuing it than they would receive back? !
I hadn't had much interest in the mortgage as I thought the house would no longer be mine. I then found out when the house was returned to me that my ex wife had converted the mortage to Interest only, I contacted Lloydstsb and explained that there were no provisions to pay this mortgage of in 9 years and that I didn't agree with the change, they wrote a letter of apology stating that they had failed to put a marital dispute onto the account even though the receiver had notified them of the situation. They stated that as both parties hadn't agreed they would change it back to repayment.
I then received another letter 2 weeks later from someone else saying as my ex wife had said she couldn't afford repayment they were converting it to interest only and we would both be responsible to make provisions to pay it off at the end of therm, and this was their final decision and they wouldn't discuss it anymore, advising me to take it up with a solicitor and sort it out with my ex wife
Firstly I know my wife can afford it which is why we agreed that I would rent and she would pay the house which would be the same. She works for herself and deals alot in cash which she manages very badly.. aside from this though my concerns are that when the interest only term is up there is no provision to pay the mortgage, and I cannot afford to take out any policies to cover it as I am just getting back on my feet post bankruptcy. I am worried that when the mortgage can't be paid off they will reposess putting me back into the same situation, bad credit and maybe chasing me for debt, I cannot talk to my ex as I had to get a harrassment order out on her for threatening behaviour towards me, and I have spent every bit of spare money I had trying to sort things out prior to ther changing the mortgage on solicitors so that is just a waste of money as she won't respond.
My question is can Lloydstsb in doing this hold me responsible at the end of the term for the loan as I did not sign or agree to an interest only mortgage deal, I have asked Lloydstsb if they would put the mrotgage in her name only if she agrees and they said no as basically they have 2 people to come after if its defaulted on, I feel I have a ticking timebomb ahead of me any information or advice you have would be appreciated thanks
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