Mortgage default notice - correctly issued?

kingstreet

Is it usual to register a default on a non-CCA regulated agreement?

I can't remember ever seeing, or hearing about, a default for mortgage arrears before this.

Belnahua

Perhaps because she wrote this to the bank....

"I wrote to the Halifax Building Society in 2011 when there was a question over delayed mortgage payments to
explain that I am in no financial position to take responsbility for the house in Scotland, I already pay rent & costs
for my house where I now live in England. I advised the Halifax in that correspondence that I give my agreement
to any repossession that might result from missed mortgage payments, effectively I voluntarily surrendered the
property to the Halifax/BOS at that time. If Mr xxxx defaults on the mortgage payments then I will not fight any
repossession activity that you must take."

And I received this from the auction site that was trying to sell our house before I couldn't make the mortgage payments 3 days prior to that above email from Tigsteroonie....

"I have removed your property from our listings and I would suggest that you discuss this with your ex-partner.
Unfortunately, legally, I require both parties instruction, and she is withholding this. Not only that, her attitude
is such that we would be unlikely to deal with her at a future point.
I will leave this with you."

ValHaller wrote: »

I don't agree with that entirely. If nothing is said, you have stated an acceptable default position. But if Tigsteroonie wrote to the lender and gave a different correspondence address, I think it is unreasonable to default her without giving notice to her correspondence address.

The purpose of a default notice should be to get the borrower to bring payments up to date. It is more than just a necessary precursor to a punitive process.

ValHaller

Belnahua wrote: »

Perhaps because she wrote this to the bank....

Can you just clarify for the record who you are - no matter how obvious it might seem - and remove the real world name from your post? Then I think we will be on a much sounder footing over this thread.

Belnahua

ValHaller wrote: »

Can you just clarify for the record who you are - no matter how obvious it might seem - and remove the real world name from your post? Then I think we will be on a much sounder footing over this thread.

I'm the ex other half.

So let's clarify, she left the property, left all her responsibilties behind and then expects the world to feel sorry for her.

Well she didn't help when the house got destroyed in a burglary and resultant fire, not one penny, not one piece of help (although at the time I sort of expected this as she had a young child, and I cut her a bit of slack on that).

I could quite easily have just walked away after the fire and left it, but I didn't I did the right thing, got it rebuilt for the both of us, so we could both at least salvage something financially, despite her lack of care. Because I tried to do the right thing.

John1993_2

Belnahua wrote: »

I'm the ex other half.

So let's clarify, she left the property, left all her responsibilties behind and then expects the world to feel sorry for her.

Well she didn't help when the house got destroyed in a burglary and resultant fire, not one penny, not one piece of help (although at the time I sort of expected this as she had a young child, and I cut her a bit of slack on that).

I could quite easily have just walked away after the fire and left it, but I didn't I did the right thing, got it rebuilt for the both of us, so we could both at least salvage something financially, despite her lack of care. Because I tried to do the right thing.

Wow, Tigsteroonie, is this right? You walked out, left your partner to clean up the mess, and then are trying to pick holes in how your default is handled?

Tigsteroonie

John1993 wrote: »

Wow, Tigsteroonie, is this right? You walked out, left your partner to clean up the mess, and then are trying to pick holes in how your default is handled?

No, it's not right. He is not telling the full story. But I'm not going to get into a public slanging match on MSE, not with my Ex, and certainly not with his mother.

I thank those of you who have given informative responses. I will ask whether this thread can now be closed to prevent further argument.

Belnahua

Tigsteroonie wrote: »

No, it's not right. He is not telling the full story.

Just out of curiosity in the final divorce hearing held in December 2012, what part of the full financial disclosure, including full up to date mortgage statements that we were both presented with, did you not understand??? Why is this such a surprise to you?

You can't keep blaming others for your own failure to accept your responsibilities in life.