Sole name on Mortgage but not on Deeds! And now separation!

far2812

He is coming around tomorrow night for dinner with all the paperwork so I will get the specifics and come back to you all - it has been a very strange and controlling relationship so I'm not ruling anything out.

Thanks a million for advice so far.

Thrugelmir

Worth establishing whether he was recommended to seek independent legal advice. This would have been in written form not verbal. If so did he.

Did the other party sign an occupiers consent form?

Spending some money on good legal advice should also be considered.

davidmcn

Thrugelmir wrote: »

Did the other party sign an occupiers consent form?

The other party would have been signing as the owner - he's the (non-entitled) occupier. But also the borrower, apparently.

Land_Registry

The registered legal owner must be the Borrower and therefore charge the property - the terms of the legal charge (the mortgage) require it to be that way.

You can have additional borrowers. But you can't have additional registered legal owners who are then not 'charging' the property as mentioned.

Let us know what is revealed when you have checked the paperwork although he really does need legal advice

ACG

Find a decent broker.
You have been declined because you are financially associated. Bsically you have made an application in a way that tries to hide the defaults. Its possible to do this, but your broker has chosen a lender based on rate I imagine rather that one that will work.

That to one side, there are also lenders who would potentially do this in joint names.

Lenders have different ways of assessing things, some would just go off the date of registration regardless of whether or not it is satisfied. Others take in to account the amount, what they were for (eg credit cards, loans, mobile phone etc) and a few other things. There is no one size fits all.

far2812

Ok so I'm back sorry for the delay.

So the situation is that he has a joint mortgage with now his ex (this is an additional mortgage - she has a separate one on the house).

He stupidly signed happily saying that he was happy not to be on the deeds to "prove he loved her".

This was 14 years ago and he has continued to pay her "his" share of the mortgage for the 14 years albeit the money has gone out of her account, He can prove the payments to her account.

We just think now that he has left - and she is saying he has no rights - we need to get him off the mortgage,

He hasn't got a penny so we are trying (I know we will have to go down the legal route) but just wondering if there is any information we get can before seeing the solicitors to try and save costs,

Is there any "Easy" way out of this?

They also have joint debts of £7500 - if we offer to pay her £3,750 from us (for him) - what do we need to get in writing from her to exclude him from the joint bank account?

I'm so grateful as I know you are all more cleverer!! than me! I'm just trying to help him out in the cheapest and most sensible way that will exonerate him from serious future debts.

mrginge

far2812 wrote: »

Is there any "Easy" way out of this?

Stop paying?

far2812

Really? Even though his name is on the mortgage? Wouldn't a default or anything affect him as his name is on the mortgage?

far2812

anymore comments?

ACG

It sounds like a second charge.
She has FAR more to lose by not keeping up the repayments...ie the house.

If he stops paying and she does not pay, they will both go in to arrears and could get a default but they would be more likely to go after the house than individuals posessions. Maybe if he pre-warns her he will not be paying she can prepare and ensure neither of them get arrears?