Cant get off my mortgage and ex trying to ruin me financially

cupestar

I split from my partner 2 years and ago and have a 3 yr old daughter with him. We were 2 years into our mortgage at the time and i agreed that i would leave the family home with my daughter as i could not afford the mortgage on my own. He agreed to take me off the mortgage of which this has still now happened. He started the process but because the house is shared equity with the builders where we own 90% they wanted info from them which he did not bother to get. I got this info within 5 mins but by this time the mortgage company had stopped the process.

He had paid every single mortgage payment up until 4 months ago when i started to claim Child support from him. His response to this was that he could not afford this so he was not prepared to pay a penny and would not talk to anyone about this, as i suggested if he could not afford everything he should talk to the csa as they would work something out.

Since this has happened he has defaulted on the mortgage for 3 months and has missed at least 3 payments of csa even though they have attatched an attacthment of earnings order on him.

Now the mortgage company are threatening repossesion but because they cant get hold of him are pestering me. I can not afford to pay anything as work part time and struggle as it is and have explained this to the mortgage company. I completely understamd that i have a legal obligation but am now stuck as to what to do.

I have spoken recently to my ex and he said he would remove me from mortgage if i decreased maintance, which i agreed to at first only to find out that he hadnt even been paying this!!! ANd then after he spoke to the mortgage company he wanted me to stop maintance all together.

Everything all along has been controlled by him and unless he benefits he wont negotiate so am stuck as what is best to do, as the property is already in negative equity and cant afford to have this hanging over me as lack of income and dont know where to turn as all along i have explained to him and the mortgage company i no longer want anything to do with the property and i havent for the ast 2 years....even to the point where i do not even have access to the property. I just feel blackmailed into reducing everything so that he can keep the property especialy as the maintance is for our daugther not for me.

Can anyone give me any advice as to the mortgage and what the best option may be

kingstreet

You'll need a solicitor.

There is no "mortgage" solution to this issue. The current lender will not remove you under any circumstances as the account is in arrears. All you can do is look to force a sale and prevent the problem getting worse.

cupestar

i have sought legal advice but as can not afford a solicitor as low available income and as dont qualify for legal aid am stuck in a precarious position. the advice i have been given is to let it get repossesed but if i do that i know i can not afford to pay back any shortfall. i have offered that we should sell the house but he does not want to he just seems to think the problem will go away. to be honest the mortgage company have been quite accomodating when ever they have called myself but as i do not know what he is saying to them or what is discussed i just feel that i am the one who is being left with all the stress and financial implications that i cant afford

jimbo83

Having worked for a building society and being involved in transfer of equities, it was standard practice that all arreas had to be cleared and then have evidence of sound account management before any transfer would take place.

Not only is he damaging your financial record, he's also damaging his which is extremely crazy

cupestar

its even more crazy as he is a qualified charterd accountant it just makes no sense to me...

i really just have no where to turn as i completely understand i signed into it and that with out the arrears being paid i am stuck but surely somewhere there must be something else i can do as i currently rent privatly so all my income goes on supporting myself and my daughter.

jimbo83

cupestar wrote: »

its even more crazy as he is a qualified charterd accountant it just makes no sense to me...

i really just have no where to turn as i completely understand i signed into it and that with out the arrears being paid i am stuck but surely somewhere there must be something else i can do as i currently rent privatly so all my income goes on supporting myself and my daughter.

That is mad because as a CA myself I know that if he ends up bankrupt he may end up out of his Institute and have his membership taken off him.

When I qualified and passed my finals and applied for full membership, one of the questions was related to this.

cupestar

jimbo83 wrote: »

That is mad because as a CA myself I know that if he ends up bankrupt he may end up out of his Institute and have his membership taken off him.

When I qualified and passed my finals and applied for full membership, one of the questions was related to this.

This is what i thought but it doesnt seem to deter him.....

the only option is to try to persuade him to sell the house....but trying to get him to may not be possible as he does not want to sell

even though selling would cut the defecit down compared to reposseion he just does not look at the viable options as he desperate to keep the house.......

or because i know he wants to keep the house do i take the risk of letting it reposses and see how far he lets that go....

as he has the finances i dont so am stuck to what he wants