Divorce and Second charge on mortgage

Tech2

Ok its been a while since I have been on here but you guys where amazing... :T and going BR was the best life changing event I have done... SO if you are about to go down the road don't worry it gets better then better and you will wonder why you never did it sooner..

Since going BR my life have changed some what and I have now got divorced... OK so no worries as the house was included in the BR and I can sort this out - as If I remember correctly we can hand the keys back with no further implications right?

BUT now lets add another ingredients.. Due to circumstances and not financially related(due to a court issues to complicated to explain) I have had a second charge added. It against me and not the x misses.. In the divorce it was agreed that I keep the house and by an agreed date I take her off the mortgage and I am liable for any debt or get to keep and profit from the sale...

Any ideas where I stand... O and the second charge was added after the BR

Tech2 :beer:

tigerfeet2006

Was it added while you were still BR or after discharge?

Tech2

Hi Tigerfeet

Nice to here from you as you helped me before

unfortunately It was after the discharge....

They are now looking to force the sale of my property...

Tech2

safc88

was there any equity in the property? Has your trustee done anything to deal with it?

debt_doctor

Hi,
From what I see, this new debt has nothing to do with either your bankruptcy or your divorce settlement.
If the creditor wants to enforce their debt then they are at liberty to, although orders for sale are not as easy to obtain as some think, depends upon the individual case and whether any under 18s in the property.
The divorce details are binding between the parties only (you and your ex) so if you didn't comply with your bit then your ex could take county court action against you to enforce - but this has no effect on what your new creditor may do.
it does amaze me what family courts order sometimes.... " you will take the ex off the mortgage by x time..." - The lender would tell you to clear off with your request, the only way this could be done by a re-mortgage in your name only - and this would then cancel any former bankruptcy affect on your new mortgage.
DD