Handing Back Keys - Letter From the OR?

4ordonian

Hi all, not checked over the weekend as I've been away.

Yeah basically I've had the order, sent a letter with my keys back to the wonderful Bradford & Bingley/Mortgage Express and they said they wouldn't accept my keys without me signing the form to say I was liable after discharge for any shortfall. I did say in the letter sending me such things would be a waste of time as I wouldn't sign it as the OR told me not to.

Funnily enough, thought I'd come and look at the thread and maybe expand it as they have spoken to my ex, who thinks I should sign it and has paid the last two installments of the mortgage. the conversation started off with me saying I wouldn't sign it and her arguing but then saying she could go to interest only on the mortgage and wait for me to be discharged and at that point, I'd be liable again, but I'm skeptical of that.

This conversation only ended about five mins ago so my heads still swimming a little but my thoughts on it are;

A. The house was declared so the same rules will apply to any sale/repossession - it'll be absorbed in my bankruptcy.
B. If B&B say I'm still liable would it not need my agreement to go to Interest Only if they still view me the same way as pre-BR? This would make a nonsense of her claims.
C. I know from B&B that the OR are named as a party with an interest in the mortgage and property, would they not have to agree to any changes?
D. If she does pay interest only until next Jan this does happen, although to me the language is of a threatening and bullying nature from her (same as B&B baecause they just want money and in my view, she's being stupid enough to give it to them) is she right? I don't see how they could enforce me paying anything on it as sop long as they get paid, it's paid, it's not designated to be any kind of split, for years all the money just came from one of my accounts (now in the BR) so it looked like I paid it anyway. So it is not just more posturing with no actual backup?

There are probably more issues than that but just while I'm thinking about it.

Anyone would think I took her money to fund cheating on her before walking out of the house and leaving her to deal with living in it for over three years. Slightly emotive statement I know but just a little venting, could well do without all this.

fermi

Nothing makes you liable again unless you sign an acknowledge or make a new agreement. Your ex doing something off her own back cannot make you liable unless you sign some fresh agreement. i.e. if she did manage to get it interest only without your agreement, then would still not prevent any future shortfall going into your BR.

Sit. Do nothing. Sign NOTHING. Agree to no changes.

Ignore the rubbish from the bank and the ex. Leave them to sort it between them. Not your problem any more.

4ordonian

Thankyou all so much for the help and advice. I thought it may be the case but the information and reassurance from people who know is a massive help.

arcon5

I've read on here of cases where it's taken as long as 9 months for BB to finally accept you won't sign the form and begin taking steps to repossess the house/sell it.

If you sign something your fresh start will start very bad. Is the mortgage a joint mortgage? If so of course your ex wants you to sign it - as any shortfall will now fall on here.
If it's not a joint mortgage, then of course they are going to drag it out and put pressure on you to sign it, they don't want to lose tens of thousands of pounds!!

Just bin the letters and do not sign anything.

Once the house is sold, the shortfall with become an unsecured debt and since it was incurred before the date of BR it will fall in to the order!