morgage changed without consent

smallfry21

hi there
Just wondering if anyone can help, I left a property I jointly owned with my abusive ex- husband and asked the bank to not let him change anything on the mortgage and if he tried to contact me first.


I later found out that he had changed the mortgage to interest only on two occasions without my consent, does anyone know if this is allowed.


Thanks in advance

Thrugelmir

In what context are you asking the question. One assumes that your ex may have well acted fraudulently in doing so.

davidmcn

You might want to check the account conditions, but I expect that (similar to joint current accounts) the bank would normally be allowed to accept instructions from either customer. When you say you asked the bank not to let him, did they agree?

smallfry21

I am not sure by want you mean "in what context"
I left the property in 2010 and informed the bank of why I had left and to contact me if my ex tried to change the mortgage, he changed it on 2 occasions to interest only. The first time I knew about this was when I contacted the bank myself to make sure all payments where up to date and they told me he had put it to interest only, I told them they should not of let him alter it, and I wanted it changing back asp. I contacted them again a few months later and they told me he had extended the interest only period for another 2 years again without my consent.
the property has now been repossessed and there is a shortfall which they are demanding I pay and not him

Thrugelmir

smallfry21 wrote: »

the property has now been repossessed and there is a shortfall which they are demanding I pay and not him

That puts the matter into context.

You are both jointly liable for the shortfall. How do you know that your ex isn't being chased as well.

Were you contributing to the mortgage after you left?

smallfry21

yes the bank did agree not to change the mortgage but this was on the phone and they agreed to keep me informed.. They have told me that they are just looking at the money from me as I have bought another property that now has some equity in it after all these years

antrobus

smallfry21 wrote: »

...the property has now been repossessed and there is a shortfall which they are demanding I pay and not him

If the property has now been repossessed and sold, then clearly your ex could not even pay the mortgage when it was 'interest only'. Had the lender been demanding interest and capital, the only difference would have been that the lender might have repo'd sooner.

Your problem lies with your ex rather than the lender.

smallfry21

No I didn't contributed to the mortgage as he moved 2 of his family members in to help pay and we agreed verbally that he would pay the mortgage and I would pay the loans we had as I needed somewhere for myself and daughter to live

Thrugelmir

smallfry21 wrote: »

yes the bank did agree not to change the mortgage but this was on the phone and they agreed to keep me informed.. They have told me that they are just looking at the money from me as I have bought another property that now has some equity in it after all these years

One cannnot simply walk away from a contractual arrangement. The issue of the other property needed resolving a long time ago. However difficult this may have been to achieve.

Thrugelmir

smallfry21 wrote: »

No I didn't contributed to the mortgage as he moved 2 of his family members in to help pay and we agreed verbally that he would pay the mortgage and I would pay the loans we had as I needed somewhere for myself and daughter to live

What you and your ex agreed has no bearing on the mortgage lender. As far as they are concerned the contract is with you and your ex.

davidmcn

From the very start of the mortgage it's a joint and several liability - the bank can choose to chase just one of you for the full amount if they like.