Am I liable for a mortgage with my ex that was in my bankruptcy?

Susan1982

Hi,

I would like some advice.

In 2009 I went bankrupt, included my share of a mortgage of a property I had with my ex partner. The property was in negative equity and I included this in my bankruptcy. My ex bought the rights to it from the official receiver for £1. I am no longer on the deeds to the property. But am still shown on the mortgage with her. I have tried to get my name removed, however the bank are refusing to do this as they are not interested as long as it's been paid.
The property is being let out by her and I've had nothing to do with it since 2009.

I have recently seen that the property is empty and being advertised on right move to let. My ex has contacted me laying down the law about me still being liable for half the property and asking to resolve the situation.

I have previously been told by the ombudsman, the official receiver and a barrister that I am not liable for the mortgage or the property debt as it was declared in my bankruptcy and she purchased it for £1.
Can someone please advise, I have my ex partner now demanding i sort this out with her

fermi

Correct, you are not liable.

May be useful to read --> https://forums.moneysavingexpert.com/discussion/4873346

antrobus

Susan1982 wrote: »

...Can someone please advise, I have my ex partner now demanding i sort this out with her

Tell her that you have taken legal advice, and that your solicitor wishes her to take note of the reply given in Arkell v. Pressdram (1971).

Which, to the uninitiated, is the proper, legal way of telling someone to f*** off.

Susan1982

Thanks fermi

I have been to the financial ombudsman and they sided on the banks side!

What can I do to get this resolved?

Susan1982

Fermi I've just checked and the ombudsman said they couldn't do anything with the issue until the other Person on the mortgage signed paperwork to the complaint.

I'm really stuck as what to do. I can't get a mortgage whilst still on this one, and not the property is empty and she's having to pay the mortgage without the rental income covering it she is starting to make demands.

fermi

Resolved in what way?

Reading being liable for it, you basically should just be telling your ex that it is 'tough'. You are not liable.

If you mean how this is to be marked on your credit file should there end up being a default and repossession, then if that happens you can go back again to the FOS.

See this result here: https://forums.moneysavingexpert.com/discussion/5197584

Regards going to the FOS before, how long ago was that, and did you reject their initial decision and insist that that it was reconsidered by an actual ombudsman rather than just an adjudicator?

fermi

Susan1982 wrote: »

Fermi I've just checked and the ombudsman said they couldn't do anything with the issue until the other Person on the mortgage signed paperwork to the complaint.

If it was a complaint about how the mortgage is being reported on your credit file, then that is nonsense. Does not require any permission from the other person on the mortgage to complain about that.

Susan1982

I want it resolved in a way that I can confidently tell her to go **** herself.
I'm not sure what her intentions are with the house, whether she is going to sell and try and get the mortgage company to come for my half of the mortgage. I'm guessing that's her idea.
I just want some form of confirmation that if she does this, despite Santander reporting me as being still jointly liable, they can't come for me for the negative equity.

What can happen to me financially If she does sell and there is negative equity in the house?

fermi

Well, you say that:

I have previously been told by the ombudsman, the official receiver and a barrister that I am not liable for the mortgage or the property debt as it was declared in my bankruptcy and she purchased it for £1.

So I struggle to see what more confirmation you need?

Should the mortgage company try come after you, you have a cast iron defence against any claim they may make. Should they pester you then you can certainly report them for that, and take that to the FOS as a separate issue.

If it was me I would be more bothered about how any repossession/default may appear on your credit file, because if Santander record that as a recent default that will mess up your credit rating and changes of a mortgage for another 6 years.

patman99

Susan1982, if you still have the letters from the ombudsman, the official receiver and the barrister, send a copy of them to Santander with a letter stating that as your 50% share of the mortgage was included in your BR and that the equity was then purchased by the other named mortgagee for the sum of £1, you are no longer liable for any part of the mortgage and require them to remove your name from the mortgage.

Of course, if it turns-out that they still try to chase you for it, let them take you to Court so the Judge can decide. If he decides in their favour (unlikely), then you could always sue your ex for 50% of the income from rental of the peoperty.

Susan1982

Hi, update on this.
My ex has now been in touch demanding money off me.
She seems to think that I owe her £20k for the costs of the house for the past 8 years.
She is wanting me to give her the money to contribute to the shortfall from the mortgage and rent payments and also for letting agent payments whilst she has been renting it out. Now we haven't seen each other in 8 years, I have tried to sort this out back in 2007 when we split up and she said there was nothing to sort out.
She is threatening to take me to court for the money stating I am liable and should pay her it.
Now, does she have a case to take me to court? It's obvious she is just after some cash but has she any chance of forcing me to pay her?

I'm so fed up of all this hassle.