House repossessed yesterday, advice?

Lahessar

Hi,

I will try to keep this brief but I am looking for a bit of advice. I own (owned!) a property with my ex husband, I lived there until 2 years ago alone and paid all the bills and mortgage in this time. He happily took over the house and was as far as i knew living there and paying the mortgage, he asked me early last year to transfer the house into his name, I agreed, and then I heard nothing else from him.

Today I received a letter from the bank to say that the house was repossessed yesterday, that it would be sold and any profit or debt divided. I called the bank and asked them to stop it, and I would resume paying the mortgage but they said it was already done, and they didn’t contact me before this as they “couldn’t take his word that my address was correct”

Basically I would just like to know where I stand with this, I had absolutely no warning this was going to happen and as the house is in negative equity I’m terrified of the huge debt I will have to take on.

Please help!

chanz4

time to get legal advice

MortgageMamma

So sorry you are going through this. I agree with Chanz, you need to get some legal advice, but first before you do I think you could contact Shelter who have a helpline. I know you are not facing homelessness yourself, but they may be able to signpost you to an organisation who can advise and represent you. It does not seem fair that your ex has kept you in the dark about all this and its important you are properly represented. Mortgages are jointly and severally liable but if you were not aware of the debt and impending repossession there may be a little recourse for you, if your legal representative can prove the lender made no attempt to establish your whereabouts or contact you to inform you.

MortgageMamma

https://england.shelter.org.uk/get_help/helpline"]https://england.shelter.org.uk/get_help/helpline

http://https://www.gov.uk/repossession

https://england.shelter.org.uk/housing_advice/repossession

https://england.shelter.org.uk/housing_advice/repossession/legal_advice_for_repossession

Lahessar

I knew it would be joint liability for the mortgage, and I have always been prepared to go half on any debts should it be sold, but it has just come as a complete bolt from the blue that will affect my credit score for the next six years. When he said he wanted it transferred to his name I started saving for a deposit for a home with my new partner, and with how this was handled I haven’t even got the option to sell it and pay of the debt this way. I don’t understand how they can legally reposse it without my knowlage or at least any forewarning? The bank told me on the phone that my ex husband provided them with my contact details when he handed in the keys at the beginging of December, they said they only wrote to inform me what had happened. I’m absolutely sick!

getmore4less

Why had you not updated the lender with your address so you continued to get communications?

Lahessar

That was my own stupid fault to not update my address, when I moved I didn’t give it a thought.

enthusiasticsaver

Unfortunately if they already have a possession order there is little you can do retrospectively. It does seem strange they never wrote to you despite having your address though so I think I would persist in talking to them and getting legal advice as to whether you have any comeback on not advising you before going to court. I think the judgement will already be recorded.

sal_III

You repeatedly mention that you "transferred the house to your ex", how did you manage that while keeping the mortgage in both your names? Some kind of a deed of trust or was it a "gentleman's agreement" for him to keep living there and pay the mortgage on his own?

Lahessar

Hi, sorry if this part wasn’t clear - he lived in the house & paid the mortgage alone while my name was still on the mortgage, I had lived there alone for 5 years previously and paid for it myself. He asked at the beginning of last year if I would sign the house over to him, and have my name removed from the mortgage & deeds, he said the bank had already told him that he met the criteria to have this happen, I agreed to this and was waiting to go to a solicitor to sign everything over but never heard from him again after that. I had emailed him several times but got no reply.

csgohan4

Lahessar wrote: »

Hi, sorry if this part wasn’t clear - he lived in the house & paid the mortgage alone while my name was still on the mortgage, I had lived there alone for 5 years previously and paid for it myself. He asked at the beginning of last year if I would sign the house over to him, and have my name removed from the mortgage & deeds, he said the bank had already told him that he met the criteria to have this happen, I agreed to this and was waiting to go to a solicitor to sign everything over but never heard from him again after that. I had emailed him several times but got no reply.

sadly you did not have your name removed as nothing was signed and your remained jointly liable.

As above get legal advice