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Home Rights and Mortgage question
heather_p03
Posts: 122 Forumite
I've searched this and other sites in an attempt to find some sort of answer to my question but failed.
Background:
A friend of mine (T) has been granted Matrimonial Home Rights whilst the divorce proceedings were taking place. Although married for several years, T was never named on the deeds of the house even though the house was bought around 10 years and a couple of children into the marriage. (Wouldn't hindsight be a great gift?)
The divorce settlement is such that the net proceeds of the sale of the house are to be given to T in order for T and the children to buy a suitable property.
The house has been on the market for a few years with very little interest.
Real Question:
How likely is it that T's ex has extended the mortgage on the house with the same mortgage provider?
The reason for the doubt over this issue is that the CSA allow T's ex the mortgage payments as a 'Prior Debt' and T's ex was claiming double the amount actually paid. The CSA requested copies of the mortgage statements but T's ex will not provide any mortgage statements or any mortgage payment details to the CSA T's ex lives in a property which is owned outright but has recently bought an adjoining property with the intention of 'knocking through'.
Is there a legitimate way of obtaining either a Mortgage Redemption Certificate or a copy of the Mortgage Statements?
T lives in the mortgaged property but was never named on the property deeds nor the mortgage.
All my friend wants to know is that the mortgage hasn't been extended and that when the property is sold, there will be enough money in the pot to buy a suitable property.
I would be grateful if anyone can offer any advice or suggestions.
Thanks.
Background:
A friend of mine (T) has been granted Matrimonial Home Rights whilst the divorce proceedings were taking place. Although married for several years, T was never named on the deeds of the house even though the house was bought around 10 years and a couple of children into the marriage. (Wouldn't hindsight be a great gift?)
The divorce settlement is such that the net proceeds of the sale of the house are to be given to T in order for T and the children to buy a suitable property.
The house has been on the market for a few years with very little interest.
Real Question:
How likely is it that T's ex has extended the mortgage on the house with the same mortgage provider?
The reason for the doubt over this issue is that the CSA allow T's ex the mortgage payments as a 'Prior Debt' and T's ex was claiming double the amount actually paid. The CSA requested copies of the mortgage statements but T's ex will not provide any mortgage statements or any mortgage payment details to the CSA T's ex lives in a property which is owned outright but has recently bought an adjoining property with the intention of 'knocking through'.
Is there a legitimate way of obtaining either a Mortgage Redemption Certificate or a copy of the Mortgage Statements?
T lives in the mortgaged property but was never named on the property deeds nor the mortgage.
All my friend wants to know is that the mortgage hasn't been extended and that when the property is sold, there will be enough money in the pot to buy a suitable property.
I would be grateful if anyone can offer any advice or suggestions.
Thanks.
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