Removal from mortgage?

Silvercat38

Hi - can anyone give me some advice on this please?


My ex-husband refuses to remove me from our mortgage. I have not lived in the property for 15 years, am happily remarried, and the mortgage on the house I used to live in should have finished in 2008. However, I am receiving annual statements from the building society, addressed to me in my old married name, showing there is still a massive amount outstanding on the mortgage and there is still 7 years to go!

I can only assume my ex has forged my signature and got either an extension on the mortgage repayment period, or more money, but telling the building society this has got me precisely nowhere. I have written to them numerous times, but they just ignore my letters and do not even bother to respond.

We don't have a mortgage on our current home, (inherited from my husband's mother), but we would like to buy a holiday property overseas, for which we would need to get a mortgage. However, I won't be able to get another one while the original one hangs round my neck like a flaming noose!

My ex is not approachable about this, (we don't speak), and I have no idea what to do next, other than pay for a solicitor to get involved - but I don't know who to trust without having to pay a fortune for this, and will it be effective in the end anyway?

antrobus

Silvercat38 wrote: »

...My ex-husband refuses to remove me from our mortgage. ...

It is not within your ex-husband's power to remove you from the mortgage. Only the lender can do that.

When you got divorced what did it say in your consent decree regarding the property?

marsman802

If he's extended the mortgage (essentially remortgaged) the property without you actually being party to this then that does cause quite an issue although you'd have to work out how you can prove that.

unforeseen

If you are receiving annual statements then you should be able to pinpoint when things changed and how surely?

Thrugelmir

Silvercat38 wrote: »

I can only assume my ex has forged my signature and got either an extension on the mortgage repayment period, or more money, but telling the building society this has got me precisely nowhere. I have written to them numerous times, but they just ignore my letters and do not even bother to respond.

It's a matter for you and your ex to resolve. Has nothing to do with the lender. What matters is that your name is on the mortgage. So you are jointly liable with your ex for the debt.

Why wasn't the matter of the property resolved when you divorced?

Trying_to_be_good

If you're a party to the mortgage, as you believe, the lender should be able to let you have the documentation for the current mortgage. The real issue is that you are jointly and severably liable for the entire debt - it's not just paperwork.

It's unusual, though not totally uncommon, for the property issues to not be addressed in a divorce, what was agreed will be important, as will any time your ex has fraudulently used your signature.

They can change their record of your surname with a certified copy of your marriage certificate.

Silvercat38

The divorce settlement agreement stated that he would "endeavour to remove" me from the mortgage agreement, (the actual divorce dragged on (from his side, not mine!) for about 4 years!), and that I would then have no claim on the property.


This is a really hard one to solve, as I can't prove whether he has or has not endeavoured to remove my name.


Bizarrely, I have only been receiving annual statements from the lender for the last 3 years, so I have no record of when the mortgage was extended.


I think the real issue is Santander's absolute refusal to correspond with me about this. I tried to seek advice from the Financial Ombudsman, who were very nice and sent me a form to complete, but only if I believed that the building society had done something wrong. I'm not sure who has done something wrong though - is this purely down to my ex, or have Santander actually done anything wrong?

Trying_to_be_good

If you are a party to the mortgage, santander should write to you at the correspondence address you give them. If they're refusing to do that, they're doing something wrong - that's separate from whether they've extended the mortgage using a forged signature or anything else.

Start by trying to get the information from them - you shouldn't have to go to the Ombudsman if it' just changing your correspondence address (and name if you want that updated), but if you have to then go to them. Santander will look very silly.

davidmcn

Silvercat38 wrote: »

Bizarrely, I have only been receiving annual statements from the lender for the last 3 years, so I have no record of when the mortgage was extended.

I think the real issue is Santander's absolute refusal to correspond with me about this. I tried to seek advice from the Financial Ombudsman, who were very nice and sent me a form to complete, but only if I believed that the building society had done something wrong. I'm not sure who has done something wrong though - is this purely down to my ex, or have Santander actually done anything wrong?

Santander are doing something wrong simply by refusing to discuss the account with you. You are a customer and just as entitled to discuss the account as your ex.

Silvercat38

I have now written to their complaints dept., giving them 14 days to respond. If they don't, I am going to contact the Ombudsman. I've also asked them for copy statements going back to when I moved out of the house in 2001.


I checked the mortgage statement and there is only £14k outstanding, so if the house is repossessed it is unlikely there will be a shortfall in monies owing, I would have thought. In addition, the ex has been paying the mortgage regularly for the last 3 years at the very least, (this is the only period I have statements for).


Thanks everyone for your help and advice.

Thrugelmir

Silvercat38 wrote: »

This is a really hard one to solve, as I can't prove whether he has or has not endeavoured to remove my name.

Doesn't mean that you should not be forcing the issue yourself though. Like many posters on here. It's become an issue now because it's an issue to you. All very well throwing your toys at Santander. You've given them 14 days when you left the propety 15 years ago. Really it's your ex you should be communicating with. Through a solicitor if need be. As talking to Santander won't provide the solution.