Will I lose the house???

dimbo61

It is not your house !
the mortgage is with Halifax and we hope it is a BTL mortgage and not a residential mortgage.
Your EX partner has paid the deposit and all the costs of buying !
It is rented out and I hope you have declared this Income to HMRC ?
As you own the property you can sell the property.
How you got a BTL mortgage without already being a home owner and with NO deposit is a surprise to me

holly_hobby

I suspect this was a back door BTL (although Halifax have marketed BTLs for quite some time).

Unauthorised let means that you are in breach of your mge T&Cs, and your buildings insurance policy is invalid - being in breach means that upon discovery the lender has several courses of action.

If they discove the let status, and do believe this to be a back door BTL, they may elect to add your details to the CIFAS (industry fraud) register, and again pursue the matter.

If this is not a BTL mge, nor have you sought consent to let, given the above, you need to do so as a matter of urgency to try and stem the flames !

Going back to him and the property itself, if he is not named on the mortgage (which means that he won't be on the deeds), it means that he cannot just take property ownership from you, without you agreeing to the transfer of equity(sale) to him - which woud require Halifax's permission if the mge is to remain in situ.

However, there may be beneficial ownership (BO) issues if he can provide evidence he provided the deposit, and as you did not disclose this, Halifax did not demand the non-conditional gift disclaimer - so this is a possible weak spot for you if he can prove the deposit came from his funds ... but there does seem to be a lot of cash knocking about, and I can hazzard a guess that none of it goes through any financial institution.

He may not be aware of BO issues, so doesn't push it, but you may want to obtain some legal advice to establish your own position, as forum comment from those non qualified in property law won't help if he pursues this thorough the judicial process.

Hope this helps

Holly