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

LannieDuck

I can see why you posted this in DFW, but I think you'd get more help for your specific questions in the house buying/selling section of the forum.

They're very knowledgeable and should at least be able to help with getting your ex's name off the house, esp since you have a court judgement. There's also a representative from the land registry who posts over there.

marliepanda

If the items in the house were truly worth £50,000 second hand they will not have thrown them out, they will have sold them, so they may have recouped their losses. I'm fairly sure they will have covered their backs regarding the repossession and house cjearance. It wasn't your house anymore, and notice was given about the belongings. Trying to claim for £50,000 of belongings (I assume you have a long list of receipts and proof of these?) will likely hand you with a £56,000 shortfall bill.

Concentrate on getting the name removed on your current house.

ferox666

I vaguely recall a rule about not being liable for a debt if you do not acknowledge it for six years, BUT not sure if a secured debt like a mortgage would be included, someone more expert can perhaps advise regarding this. good luck

whitewing

How would you be able to get a sole mortgage if you are unable to work?

sourcrates

ferox666 wrote: »

I vaguely recall a rule about not being liable for a debt if you do not acknowledge it for six years, BUT not sure if a secured debt like a mortgage would be included, someone more expert can perhaps advise regarding this. good luck

Statute barred, the 6 year period does not count for mortgage debts, In England, Wales and Northern Ireland, a lender legally has 12 years to contact you to begin the process of seeking repayment of a shortfall debt; this period is usually 5 years in Scotland.


However, this may/may not apply to you, Lenders who are members of the Council of Mortgage Lenders voluntarily agreed from 11 February 2000 to begin all recovery action for a shortfall within six years of the sale of a repossessed property. If your property was taken into possession and sold more than six years ago, and you have not been contacted by your lender to recover any outstanding debt, you will not now be asked to pay the shortfall. In Scotland, lenders will begin recovery action within five years.