Mortgage after repo

Weebella33

Ok so i will describe what happened to me.

In 2007 aged 18, i got a joint mortgage with an ex partner but the relationship finished in 2009. I then lost my job as it was the time of the credit crunch so moved out of the property giving it to my ex partner as he worked wnd i had our young daughter. I made the bank aware of these changes and said i would be seeking legal advice to have my name removed from the mortgage.

In the next couple of months the lawyer applied to have me removed but the bank would not assess my ex income on his own and he would not agree to have me removed (you need dual signatures) as he wanted to live in it. So we tried a court action to sell as i knew he had lost his job. This failed. He then went on to not pay anything for 5 years before it got repossessed in 2014 leaving a shortfall of £35000 odd.

As you can imagine this has been nothing but upset and torment for myself with being 10 years on from we separated, it effects me every single day.

I have spoke to my local MP but he has not had a response at all and the financial Ombudsman Service cant do anything as crazy as it seems i need his permission to investigate it.

Every way i turn i am stuck, my life is stuck and i cannot move on - how this can happen to anyone is just life changing. .

With speaking with the bank they have said they have nothing in place for this, i tried EVERYTHING. It is shocking that one person in a joint mortgage can dictate they stay on the mortgage and I understand that i am fully liable legally but i dont believe the banks code of conduct is correct at all. If they had better steps in place then there wouldnt of been a shortfall for them or myself and surely would be better all round.

So anyways what i am asking is, will this always effect me? Will it ever come off my credit file?

Thanks for taking the time to read my thread and if you can offer any help with this i would greatly appreciated as i am at my wits end with it all.

[Deleted User]

It comes off your credit file 6 years from default.

While it remains enforceable however, a CCJ could be sought, which would also then appear for 6 years.

Unfortunately, your ex didn't have sufficient income to take on the mortgage, so the bank would not release you from your obligations.

BoGoF

You are wasting your time going to MP etc (and theirs). This is nothing to do with a code of conduct but legal obligations. Unfortunately life doesn't work out the way you want but stop looking for someone to blame. The lender has done nothing wrong.

Weebella33

I am not looking for someone to blame but the break up was not your normal break up so keeping me on the mortgage for his own gain was a form or control. I went to my local MP as what happened to me is morally wrong. It should not have taken 5 years of not paying a thing for the bank to take it off him either, it was clear he had no income a few months in so why did it take that long. Now adays when signing for something as big as a mortgage well there should be something better in place for this instead of letting one dictate the other stays on just for them to run up a massive shortfall.

Anyways i asked how it will effect me and my credit score.

Weebella33

When it comes to a ccj is this when it goes to court? Can i go and finally have my say? I know i am liable for it as i signed for the mortgage. I was 18, was probably naive aswell but i thought i was doing the best for our kid. How can this happen itt should be sold if none of the mortgage hodlers have a job so this cannot happen.

System

Weebella33 wrote: »

it was clear he had no income a few months in so why did it take that long.

Because after the recession of 2008 people were playing holy hell up about banks repossessing properties so the government told lenders to exercise leniency and only go for repossession as an absolute last resort.

How can this happen itt should be sold if none of the mortgage hodlers have a job so this cannot happen.

I bet if you were still together with your daughter, both ended up out of work for whatever reason and the bank turned round and forced a sale within a couple of months making you homeless you'd be complaining about how unfair that it was that you lost your home just because you lost your job not through any fault of your own.

When it comes to a ccj is this when it goes to court? Can i go and finally have my say?

Yes you can however be aware that the judge is only really interested in the financial side of it. They'll let you stand there and have a good old rant but at the end of the day the only thing they're interested is the facts surrounding the financial agreement, that being that you both signed for a mortgage and were both jointly liable. You leaving doesn't alter your liability. My brother's wife cheated on him and he ended up moving out and as I know is still paying the mortgage several years later on a house his ex and her boyfriend live in.

Weebella33

If i was still on that house and we both lost our jobs I wouldn’t have let it get to that, it would have been sold. Thats my point. we werent r together and it was 5 year down the line. You cannot say “what ifs” when i have explained the situation that happened. I wouldn’t expect two months down the line i would think the bank would give a period of maybe a year. Not 5 year to someone who wasnt paying it. I think you are missing the point of my post. It was to ask how iit will effect me.

Exodi

Weebella33 wrote: »

If i was still on that house and we both lost our jobs I wouldn’t have let it get to that, it would have been sold. Thats my point. we werent r together and it was 5 year down the line. You cannot say “what ifs” when i have explained the situation that happened. I wouldn’t expect two months down the line i would think the bank would give a period of maybe a year. Not 5 year to someone who wasnt paying it. I think you are missing the point of my post. It was to ask how iit will effect me.

Whilst I can sympathise with your individual circumstances, Tarambor was pointing out that the law is how it is to prevent worse abuse. Partners being able to force sales against habiting partners just wouldn't work (practically it would be impossible to sell a house without vacant possession anyway).

And you admitted you lost your job and moved out, why do you instantly think this means you're not liable for the property? By your logic, if he did the same as you when he lost his job and moved out, who do you think should be responsible for the mortgage then?

You've said in your opening post 'the bank would not assess my ex income on his own' which suggests he wasn't able to put the mortgage solely in his name, you then say 'keeping me on the mortgage for his own gain was a form or control' contradicting yourself - you couldn't come off the mortgage regardless.

I appreciate it's not a fantastic situation to be in but you need to stop wasting your MP's, FOS's, banks & solicitors time in this fruitless endeavour and accept it for what it is.

Are you being pursued for the outstanding balance out of interest?

If you didn't see above, defaults 'fall off' your credit files in 6 years.

Weebella33

No i wrote on my post he wouldnt agree to have my name removed, as you need dual signatures so the bank couldnt even look into his income. . He said he wouldn’t sign the documents. He wouldn’t sell either. How is that ok. I have said previously i am liable for the mortgage though so not sure what you mean? You cannot expect to live in a house for 5 years rent free though, that is totally unfair. I have said previously too that if i was left in it i would have sold it at the beginning so this could not happen - yet again he probably wouldnt have allowed it. It seems everyone defends the one that done this on purpose, he knew what he was doing yet i am in the wrong onf for question how this can happen, i tried everything. It wasnt as if i could have taken the house off him either he wouldnt move out.

Yes i am being chased for £35,000 odd. .

I haven’t been to a lawyer since we exhausted all avenues - she tried everything too. My MP has taken it into parliament to discuss dual signatures. He is awaiting a reply.

The shortfall was because they sold the house for so little, then the couple in it remortgaged a few months later.

I was only really on here for advice as to how it will effect my credit and would it last for ever.

Weebella33

Ps i know my MP cannot change what happened but he has had this before abotr dual
Signatures and says something needs to change.

What happens with a CCJ?

BoGoF

MPs tell you what you want to hear.

A CCJ will stay on your credit file for 6 years.