Can anybody advise me...it's complicated :-(

DippyDiva

Hi everyone,

Im unsure if this is the right place to ask for help..but I'll try.
I will tell you all my story - & hopefully you can pick out where I need help. I used to be a successful Office Manager back in 2002 for a large well known national firm. I then got married also in 2002 (it was an arranged marriage) to a man introduced to me by my family. He didnt want a registration as he said a religious asian ceremony was enough. My parents gave me £5000 to put down on a house I'd seen for us to live in - the house I liked was £48,000 and I got the mortgage with the HALIFAX straightaway...my husband was working in london but didn't contribute anything as he said his money was tied up. Anyway - I was going to purchase the property in my sole name but a friend advised me to have it in joint names as this would give him a sense of responsibility..that was my first mistake. As soon as the papers were signed and we had the keys...he changed & showed his true colors. He left after 2 weeks and it turns out he had a long temr live in girlfriend in london...they were renting together..he'd married me as I'm from a fairly wealth family & he saw *money*..anyway...after putting up with unspeakable violence & torture from this man...divorced me of his own accord in 2004...by this time I was suffering from severe stress & as I'd been the only one working throughout the marriage & supporting myself & him..things were very difficult. I developed severe anxiety & depression and was eventually diagnosed Bipolar..casued by trauma. Even though he had paid nothing towards anything he refused to acknowledge paperwork or anythnig my family threw his way..the house had gone up in value to nearly 80,000 by then. I was unable to deal with it so stopped dealing with him. I eventually rented out the house to help pay the mortgage & moved in with my family.

However whilst in a manic episode a little later I bought another property...those were the days of easy self cert mortgages..I was on a high and refused to listen..i moved into to my new fully furnished luxury apartment..& lost my job 2 weeks later. So I had a £600 mortgage to pay (HSBC) pcm (total was £136000) and instead of dealing with it - I ignored all letters and buried my head in the sand..I was very unwell. The apartment was reposessed in 2006 but I was too ill to deal with any of it...so I went to my parents house & refused to answer their questions about why I wasn't going home & where all my things were. The HSBC put a notice up on my door to say I had to get in touch to remove my belongings..I was far too ill to do anything. My mental health had deteriorated quite badly and I couldn't face the humiliation of going back..

My parents drove up one day & called me in a panic to say they could not see anything through the groundfloor window anymore..(it was a groundfloor apartment)...they then went to the estate agents dealing with it..& even though my family had rung the HSBC to explain I was mentally unwell..they admitted that they'd called in AWM - associated waste management & sent my entire lifes belongings to the local tip!!! My designer shoes...new furniture...clothing everything.

My family was heartbroken as was I...that really tipped me over the edge & I sunk into a severe depression and was unable to leave the house for at least 18 months. On top of that HSBC had sold the apartment for under the market value and were demanding approx £56,000 of a shortfall...

My father went to see the local CAB who drafted a letter on my behalf with a GP & consultant psychiatrist report attached but they still sent letters..

So fast forward to 2014 - I am happy to say I pulled through..met a nice guy...and we are happily married with three young children. I am still unable to work but he works very hard with two jobs to support us. We moved back into my original home (the one I bought in 2002 for £48,000) in 2009 and as yet have not heard from the HSBC with regards to the shortfall of £56,000 for the other property. I don't think they know of this otherwise theyd have slapped a charge on yearts ago!!

However, my main problem is this - even though 2 years ago a District Judge awarded me the house - and instructed the Halifax to sign over the property to me - based on my ex husband being absent and no communication since 2005 - the Halifax are refusing saying they need his stupid signature..I cannot change rates..or do anything as even though by law the property is just mine..on paper it's still owned by me & my ex partner...grrrrr

How do I get rid of the idiots name ??

I have written to the land registry and am currently looking at the possibility of taking out a new mortgage with another bank just in my sole name - and payig the stupid Halifax who just won't budge..any ideas people ??

Also - I haven't heard a peep from HSBC..I think my Bipolar diagnosis and the threatening letter my lovely local CAB wrote may have scared them a bit...I'm not sure..should I do anything ??

My husband and I are depserate to sell and make a fresh start..I have nothing but scary memories in this stupid house..we have saved about £20,000 and there is just over £80k equity in the property- so ideally we would love to buy a detached 4/5 bed for us and our 3 children...but I'm terrified that I'll have to give the stupid HSBC £56k for nothing...once I eventually am able to sell that is..

Also..can I take any action against the HSBC for getting rid of my brand new untouched furniture and belongings..worth well over £50,000 without at least trying to find out what was wrong with me..

I don't know...I've only just got my mental health & brains back...so I'm ready to fight now.... any advice would be much appreciated xx :A

Land_Registry

DippyDiva - there is not too much I can help you with but I note that you mention 'a District Judge awarded me the house - and instructed the Halifax to sign over the property to me'

If a judge ahs issued an order then if it is not complied with then you would normally go back to court and the judge may, in some circumstances, sign the Transfer themselves.

However it is important to be sure as to what the order actually requires. In my experience the order would be for the owners to transfer the title. The lender would not be in a position to do that unless they had gone through repossession proceedings although then transferring it to one of the joint names would appear odd in such circumstances.

My advice would be to revisit the court order and to establish what next steps are available to you if it has not been complied with.