Refusal to take name off mortgage, is this legal?

maninthestreet

I'm s little confused with the him, her, their, etc.

bryanb

maninthestreet wrote: »

I'm s little confused with the him, her, their, etc.

Yes, easily done these days when people change partners so often.

R_P_W

The O P has a partner let's call her ''she". She has an ex and she wants to be removed from mortgage with her ex. But she doesn't' remember having a mortgage. Bad memory or fraud?

holly_hobby

My reading is that the OPs partner is joint mortgagor on a mge held (with a prev partner) on another property.

OP - putting to one side a possible fraudulent application - in order for your partner to be released from the current joint mortgage, they will require the consent and co-operation of the ex to effect the transfer of equity (as he will be effectively be left as sole mortgagor if the lender agrees to the TOE).

If the lender or the ex won't agree to the TOE - the only option to release your partner would be to sell the property (which will redeem the os mge and release your partner - assuming there is no negaitve equity of course) - if the partner refuses to sell, then the only other option after all amicable routes of negotation have failed, would be go the legal/court route - which will be an expensive and (no doubt) a drawnout exercise.

Jointly and severally liable means that all mortgagors are both individually and equally responsible for repaying the mge - so it really is in your partners interest to have this TOE effected asap.

To ascertain if a fraudulent app has been submitted (either at point of purchase or later remortgage), your partner could submit a Statue Access Request (SAR), which would give your partner a copy of all docs and oral recordings, held by the firm under the account - whereby your partner may verify the signature to be her own etc. The firm has 40 days to provide the requested data, and may charge a maximum of £10 to satisfy the request.
(have a google for a template letter and adapt accordingly).

If having recd docs via the SAR request, she is satisfied that this was a fraudulent application, she should contact the lender directly and also the credit ref agencies, in order for them to put on a notice until the lender has the opporutnity to investigate the matter.


Hope this helps

Holly

opinions4u

Can I have some fog to knit please.

ValHaller

Want_to_learn wrote: »

This is going to sound strange, but until she did a credit check recently, she did not even know she was on the mortgage. We do not know how it was acheived in the first instance.
Can you explain what you mean by being jointly liable please?
We do not know what the next step should be, the lender did not sound very helpful when contacted by telephone

At some time during the purchase of the property in question, she would have signed a mortgage deed and a transfer deed and these signatures would have been witnessed by someone who also signed as witness and gave their name.

If she cannot remember ever having done this, nor signing a mortgage application, she should seek copies of the transfer deed and the mortgage deed and see whether the signatures on these jog her memory. If she did not sign, then her signature has been forged.

Yorkie1

holly_hobby wrote: »

To ascertain if a fraudulent app has been submitted (either at point of purchase or later remortgage), your partner could submit a Statue Access Request (SAR),

Agree with all of Holly's post - just to clarify that it's a Subject Access Request (SAR).

holly_hobby

Yes it is definately Subject Access Request ....!!

Cripes where did I get Statue from ? I know its subject ... doh !! (Blonde moment I'm afraid .... )

xx thanks Yorks !

Hols x

Yorkie1

Well, it does take a while to get back into the swing - all that Christmas and NYE nonsense and all that ...