Fraud

Belle_14 · 9 July 2013 at 1:23PM

My ex husband took out a joint mortgage 6 years ago which I knew nothing about (he was the mortgage broker at the time so I guess he pulled strings) I found out about it 4 years ago and this led to our marriage breakdown. We've been separated for 3 years he still lives in the marital home and pays for the mortgage which is still in joint names. I am left with nothing and live in a small rented house with our daughter unable to rebuild. Is there anything I can do?

ACG · 9 July 2013 at 1:25PM

Speak to a solicitor?
You may be able to force the sale of the house and get a cut of the equity?

Belle_14 · 9 July 2013 at 1:31PM

Thank you for your reply. That's the problem - we did have a joint mortgage originally but he re mortgaged with a different company to the maximum without my knowledge or consent. There is now no equity in the property, it has been on the market since we split but now the value would not cover the mortgage. He won't agree to apply in his sole name as he knows he wouldn't be accepted. As a result of his actions I am not in a financially stable position and can't risk incurring solicitors costs.

comeandgo · 9 July 2013 at 1:32PM

So you are separated but not divorced - get a divorce.
Edit-reason for no divorce now noted.

comeandgo · 9 July 2013 at 1:33PM

So, if its joint did he forge your signature?

Belle_14 · 9 July 2013 at 1:44PM

I assume so. He was a mortgage broker at the time. I've been in touch with the mortgage company and asked them to send me all paper work with "my signature" on it and they wrote back saying that it was done through a broker (him) and gave me the name of the solicitors who dealt with it. Should I contact that solicitor? Would they have signed paperwork? I certainly didn't sign anything.

ACG · 9 July 2013 at 2:18PM

What is your goal?

You say you cant rebuild your life but there is no money in the property - you may get some compensation from the solicitors/lender but it may end up resulting in your husband going to prison.

Do you just want some compo to set you back up again?
Do you just want your name off the mortgage?
If you tell us what you want then we may be able to help with pointers on how to achieve it.

holly_hobby · 9 July 2013 at 2:26PM

The mortgage lender will have a copy of the mortgage application (as the earliest they can destroy it, is 6 yrs AFTER the cessation of the account) - they referring you to the broker whom sold it is irrelevant to your request.

You need to submit a Subject Access Request (SAR) to the lender, they can charge upto £10 for this, and have 40 days to satisfy your request.

The SAR will give you everything held on the account file, including any auditory records.

A joint financial application, requires the signatures of all parties to the loan.

So if the mge is in joint names, and you did not sign any application, nor were present and agree submission in your name (ie under an electronic submission), then your Husband has obviously fraudulently submitted information regarding your financial circs, and forged your signature/agreement - this is a criminal offence, and bearing in mind his occupation, will be catastophic if this is true and the lender pursues the matter (inc a CIFAS registration on him). Which means his career in financial services is finished, and he may well find himself in court to boot.

Here is template letter and brief guide to SARs - http://www.ico.org.uk/for_the_public/personal_information

How you tread with this is up to you ..... but given that your presence on a mge will prevent you seeking one in your own name (if you are unable to prove you can service the 2) is an issue, plus the fact if he defaults on the mge, then the lender can and will also pursue you as joint mortgagor.

You may want to be careful re how long you have known about the fraud i.e I wouldn't volunteer that I've known about his actions for a number of yrs, and don nothing about it until now ... unless upon discovery you have been intimidated to withhold/conceal this information from the lender etc.

Little chat with a sol before you start blowing any trumpets may be an idea, free half hour, or use the duty solicitor at CAB.

Hope this helps

Holly

Belle_14 · 9 July 2013 at 2:51PM

Thank you so much for your help. What do I want? Well first and foremost I want my name off the mortgage but he won't do this and the mortgage company won't do this without both parties agreeing. Yes I'd like some compo, I may not be in a position to buy a house but to upgrade on the rented a bit and be able to provide without worry for my daughter would help with the stress. No of course I don't want to see him go to prison or lose his business (though it's no less than he deserves) I couldn't do that to our daughter (and he knows it) I just don't know. It seems so unfair

ValHaller · 9 July 2013 at 2:59PM

Belle_14 wrote: »

What do I want? Well first and foremost I want my name off the mortgage but he won't do this and the mortgage company won't do this without both parties agreeing.

As you describe it, your name was fraudulently added to the application. So you should not be asking the lender to take your name off, you should be telling them that your name was never on there in the first place and it was fraud.

Additionally you have been defrauded out of your share of the equity. So it is fraud enough to take to the police - except that they may not be bright enough to understand this.

fewcloudy · 9 July 2013 at 11:19PM

If the consequences for him are as serious as described I'd have thought he would be bending over backwards to accommodate you in at least some of your requests? If he does lose his career, I'm sure if you bring your daughter up to know right from wrong she won't hold it against you in the future...