Hope someone can help

JeffCole

Hi,
I'm hoping someone can help me if possible, I am going to speak to a solicitor tomorrow but would appreciate any help or advice you can give me.

I was previously married and we bought a flat for 30k in 1995. We were not married at the time, we got married in 1996 and divorced in 2001. I had left the marital home in 1998/99. My husband carried on the mortgage on his own (approx £230.00) a month as he wanted to stay there.

In 2002 I last received a statement from Abbey National saying that we owed 22.5k on the mortgage. Although the separation was quite amicable, things deteriorated over the years and we have not spoken since 2002. At that time I asked if I could get off the mortgage so I could move on with my life, I was told that he had spoken with the bank and had me removed so not to worry my pretty little head about it! Yes, I did marry this baffoon!

I was aware he was made bankrupt last year and as I was trying to obtain a mortgage with my partner did see if I was connected. I am still on the deeds to the flat but my FA couldnt see the mortgage on my credit file, I have checked and its not showing any association now.

Today when I came home from work I had received a letter from enact saying that the purchase of your property failed to make enough money to pay off the balance of the OS mortgage and requesting that I contact them to arrange payment of the 35k asap. I have done a bit of Googling and found that the flat sold for 22k earlier this year.

I have never signed anything re: mortgage, after the initial signing of many documents or re-mortgage and honestly think he has re-mortgaged in his own name having had me taken off (although I am still down as a joint owner on the land registry docs) or he has committed fraud by forging my signature.

Feel so sick to be honest as I thought I was away from him and his burying his head in the sand. On the bankruptcy register he is down as Discharge Suspended Indefinitely as I believe he is still burying his head in the sand.

Can anyone give me any advice please?? I know I should have sorted the mortgage issue when we divorced. Im a lot older and wiser now.

JC

kingstreet

You cannot be removed from the ownership of a property without knowing about it. The transfer of equity process requires lender approval and solicitor supervision.

You would be required to independently sign the transfer documents.

Is there a lender named by these debt collectors? Is this the original mortgage? If not, you need to find out how a new mortgage was arranged, when and with whom.

For future readers, splitting from someone and leaving behind a joint and several liability like this is a recipe for disaster. It is as much your property and mortgage as his/hers and you are equally liable for the whole mortgage payment as the person still living there.

JeffCole

Thanks Kingstreet,
I have not signed any documents to get y name removed. The original mortgage was with the N&P, then Abbey and now Santander which is the ref on the letter.

Will Santander give me the information as to how the new mortgage/re-mortgage came about, i.e who signed etc

I wish I had read your words of warning 12 years ago JC x

kingstreet

Yes. As a joint account holder, you can make a S7 DPA request for any and all information they hold on you, such as applications and agreements.

These will tell you what has taken place. If he has taken additional borrowing without your permission, you need to do something about it.

JeffCole

Thank you so much, I will do this before I go and see the solicitor JC x

JeffCole

I spoke to Santander this morning and I am definitely on the mortgage. He hasnt re-mortgaged, the £35k is interest and charges. I am just waiting for a full break down. Does anyone have any advice as to how I can get this amount down as I cannot afford to pay this, it would mean bankruptcy for me unless they would accept £100.00 a month.

Cannot believe I am so stupid :-( JC x