Hope somebody can help me please

JeffCole

On June 24th, I was debt free :-)

Yesterday I found out that I owe almost £30k through my ex husband going bankrupt and defaulting on a mortgage I thought I wasnt on. I have posted in the mortgage board but didnt really get any info back.

Below is the gist of what I posted with the thinkgs I have learnt today added on.


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. The rate at that time was 7.99%, if I knew he couldnt afford the mortgage and I was on it, I would have paid it as it would be literally peanuts now.

In 2002 I last received a statement from Abbey National saying that we owed 22.5k on the mortgage. I requested this statement. 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 30k 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 avoiding all of his debts.

I found out today that he hadnt re-mortgaged and that the £30k were fees and interest :mad::mad::mad:

Does anyone have any suggestions, I cannot afford a lump sum and do not have any savings as I bought a house with my new partner in November so everything was eaten up.

Ive got an appointment with a solicitor tomorrow and have emailed the CAB. I am so worried as at the moment as personally going bankrupt seems like the only option but I dont want to do this.

Thanks for any help JC x

Find_The_Real

Hello JC

I didn't want to read and an run. It would probably be best to seek legal advice over this one as it does sound like you are probably liable if you were still on the mortgage, especially as you have now bought another house with your new partner.

Good luck and I do hope it gets resolved somehow, as I know how stressful it can all be, especially when it involves an idiot ex.

JeffCole

Thank you Find the real,

Much appreciated, I am a bit of a mess but will try and find a way JC x

whitewing

Was it not addressed as part of your divorce?

It must feel terrible at the moment, but do keep positive.

JeffCole

We did a DIY divorce, I know it keeps getting worse and as it was an amicable split at the time... :-(

If I could go back and punch myself as I was 14 years ago I would. Trying my best to keep positive. Thank you for the kinds words, I have an appointment with a solicitor tomorrow JC x

FBaby

What a dreadful shocking moment it must have been.

You really need to seek legal advice. You need to go back to get clarity over what happened after you agreed to be taken out of the mortgage. Something is not right. The only benefit for your ex to remove you from the mortgage would have been to remove you from the Deeds. What interest would it have been for him to suggest to pay the full mortgage alone yet with you still having an interest on the house? What you will need to check is whether an error was committed in that your name should have been removed but wasn't because of a technical error. Saying that, you would have had to sign official papers to be removed. If you didn't something definitely went wrong.

Similarly, you would have needed to sign bank papers to be removed from the mortgage.

The other point you need to focus on is that assuming somehow, you were removed from the mortgage but not from the Deeds due to technicalities, you should have been informed of all information regarding the sale of the house. You might want to check whether this was done within the legally.

Unfortunately, your lacking to insure all was done properly at the time mean that you are likely facing quite a battle. I sincerely hope for you that massive errors were made in the process that will absolve you of all financial responsibility.

simeyb

It sounds as if the flat could have been sold illegally - if you were on the mortgage you MUST be on the deeds - the two always go hand in hand - so if the flat has been sold it could have been with your forged details - lots to investigate I think and push back on the mortgage company trying to collect - and get everything in writing

iolanthe07

I think you really need to get a solicitor onto this.

maganan

so hope this gets sorted for you. something must have gone wrong legally given you've taken out a further mortgage recently and his mortgage debt (on the flat) must have been rising then. Are you able to financially disassociate yourself from this man? good luck with the solicitor x

JeffCole

Thanks for all your lovely comments.

I saw my solicitor yesterday and even though my ex and I had a meeting with Abbey in 2002 to get me removed from the mortgage we dont know if this has been done. My solicitor has written to the bank and also the Company that are chasing me for the £30k. The bank to find out if I am on the mortgage and the debt collection company for a full breakdown on how I can owe £30k on a 26k mortgage after £22k was released from the sale. SimeyB the flat was repossessed, which I only found out when the letter arrived. Santander have never contacted me at all with regards to the mortgage being in arrears as I would have taken it over. I have been looking at so many websites, my eyes and head hurt :-)

Should Santander tried to contact me?? If so I may have a case with the Financial ombudsman, fingers crossed JC x

Upsidedown_Bear

Yes, they should have tried to contact you but will have tried to contact you at the last address they had for you.

Did they have an up to date address?