Removing name from mortgage help needed

hercyboy1

After recently running a credit check
I noticed that I was still associated to a mortgage with my ex.
I have spoken to the lender and explained that through the divorce with my ex I have been removed from the deeds through land registry and had it witnessed by a solicitor.
The lender said that my ex has to request my removal from the mortgage...even though just to add we have been divorced 8 years or so and suprise suprise she is now not taking my calls there is no way she will request my removal because simply cannot afford the mortgage and this is surely fraud?
What action can i take ive told the lender all the details not lived at the property divorced land registry etc but they are not interested
Thank god she somehow hasnt missed a payment because this showed on the credit report but what if she did? Need some help please urgent.

[Deleted User]

If she does, then your file will be affected along with hers.

Where is the fraud that you mention? Who do you believe has committed this and why?

At present, it seems that you have a joint mortgage and therefore joint liability. If she cannot remortgage in her own name, then you need to look at selling the house and redeeming the mortgage.

hercyboy1

The fraud is based on keeping on the joint mortgage when i have signed over the house in the divorce settlement and also removed name by land registry. How is this lawfu in this country when i dont pay into the mortgage and have no rightful gain to the property so why should i be still attached to it. And therefore at rosk of defaulting one payment to effect my credit history its madness!!

davidmcn

hercyboy1 wrote: »

The fraud is based on keeping on the joint mortgage when i have signed over the house in the divorce settlement and also removed name by land registry.

Are you quite certain that you have removed your name at the Land Registry? What does it currently say on the register?

hercyboy1

I rang land registry spoke to them direct and they told me i was removed

Thrugelmir

What were the terms of your divorce settlement?

foxy-stoat

You best speak to your solicitor and take it up with them. I assume they would of spoken to your previous partner at the time and the lender.

davidmcn

hercyboy1 wrote: »

I rang land registry spoke to them direct and they told me i was removed

Ok, it seems unlikely that that would have happened without you also being removed from the mortgage. Did the lender actually check your account details when you spoke to them? If they still have it set up as a joint account then I suggest you get the solicitor to speak to them, the lender should have been told when the transfer had completed and changed it to a sole account.

This is a c0ck-up, not "fraud".

Land_Registry

Removing yourself from the registered title and from the mortgage are invariably linked but one does not automatically mean that the other has happened. There are processes for both aspects, the legal ownership with us and the mortgage with the lender.

Normally where you have joint owners and a mortgage in both names the first port of call is your lender if you want to change things. Most lenders will have to consent to any change to the registered joint ownership and this is often reflected by a restriction appearing on the registered title.

I suspect that in this case there was no such restriction so you were able to transfer the legal ownership from joint to a sole name. The lender's consent was not required.

However you are still named in the mortgage deed and as such those responsibilities remain in play. Any changes to the mortgage details would naturally need to involve the lender and that appears to be the position still. The divorce and 8 year timescale have no direct bearing on that in my experience but it would be your solicitor and the lender you would need to rely on here.

There is a clear distinction between the legal ownership as registered and the terms of any loan secured against the property by way of the mortgage. It may seem mad that it still applies after all this time and despite the divorce. But you were a party to the mortgage deed and are likely to remain so until such time as it is redeemed/placed/amended.

As davidmcn posts this is not fraud but may be a conveyancing error depending very much on what was agreed in the divorce and what impact, if any, that and any change of the ownership had re the mortgage itself. As I said at the start one does not automatically follow the other