Should I dispute my mortgage???

Need_Help_ASAP

I currently have 5 mortgages on my house totalling to around £100,000, thanks to my ex husband who applied for loans on the house without my knowledge!
I am currently divorcing him and I wanted to see if he had forged my signatures on the mortgage application forms so I contacted the mortgage company in order to get copies of the original forms. They sent me two applications with his and my signatures (these ones I was aware of), but there are no other documents with signatures…. the others are just Northern Rock forms that look to have been filled in on a website.
Essentially our mortgages were originally with Northern Rock but as that shut down the mortgages were passed on to another company, this then happened again with the second company and so the mortgages were passed on to the current mortgage company.
As these documents appear to be the only proof the company has of our mortgages do I have a leg to stand on to dispute the legitimacy of the mortgages? And who would be the best person to show these documents to to get further advice?

F.Y.I. I am not looking to pursue criminal charges of fraud against my ex. I want to know whether the documents my mortgage company have sent me are all they need to prove I have five mortgages with them, or whether I should pursue legal action with a property lawyer disputing the legitimacy of the mortgages because it appears they don’t have the original documents.

Thrugelmir

Suggest you focus on achieving an equitable settlement from your ex rather than going on an expensive wild goose chase.

ACG

Did the repayments come from an account you are named on?
Are you living at the address that is mortgaged (and your mortgage statements get sent to)?

These are the things that the lender will be thinking when trying to determine whether or not you really did know about it.

There is also the argument that you or they could take your ex to court for fraud. I would be looking at that route when negotiating what share you take when discussing it with your ex.

When I worked for a bank, we used to hear at least once a month that the product was taken out fraudulently by partner/ex partner/one of their children and our response was to ask them to get a crime reference number from the police before we would take it seriously.

kingstreet

Are you talking about multiple advances from the same lender using the same mortgage (the mortgage is the security which ties the property to the loan(s).

As NRAM didn't lend more post-Northern Rock I'm presuming you were transferred to an active lender willing to lend more?

If these are different loans with different lenders, there should be signed securities or 'mortgage deeds' tying each loan to your property.

What is visible on the charges register at the Land Registry?

dunstonh

do I have a leg to stand on to dispute the legitimacy of the mortgages?

no.

And who would be the best person to show these documents to to get further advice?

The police. After all, you would be making an allegation of fraud against your spouse. A very serious allegation and one that could do you more damage than good.

After all, if it turns out the lender has been defrauded by your spouse, they can repossess the house. A costly process where no-one wins. I would also suspect that your divorce negotiations would get a lot more acrimonious and expensive in the process.

Were the mortgage payments made from a joint account? If so, you are jointly and equally liable for the running of that account. If there were further advances, they would have been paid into that account for both of you to see.

Bottom line is that if you are thinking that you are going to get the debts written off then forget it.

Need_Help_ASAP

kingstreet wrote: »

Are you talking about multiple advances from the same lender using the same mortgage (the mortgage is the security which ties the property to the loan(s).

I am currently paying five separate mortgages off to the same company now, the paperwork I received consisted of two documents that were filled in by my husbands hand and had mine and his signature on them, for the last three amounts of money borrowed the documents have no signatures and are typed with no signatures, I am unsure what they are.

kingstreet wrote: »

As NRAM didn't lend more post-Northern Rock I'm presuming you were transferred to an active lender willing to lend more?

All the loans were done by Northern Rock, no more money was borrowed by my ex after the time of their collapse.

kingstreet wrote: »

What is visible on the charges register at the Land Registry?

There are three charges
1) 2001- registered charge
2) 2015 - this names the proprietor as the my current mortgage company.
3) 2004 - Terms of Charge dated 2001 referred to above
altered by a Deed dated 2004 made between my ex and myself with Northern Rock

normanna

What you're saying now doesn't make sense. Your opening statement mentioned 3 mortgage companies but now you are saying it was just Northern Rock.

silvercar

The only way I can see you getting these loans set aside is if you can prove to a court that Northern Rock should have been more careful when they agreed to them.

Were you separated at the time and crucially had you informed Northern Rock that you were separated? If they weren't to know, then they would have had no reason to be more careful in releasing money following an online application.

Getting your ex to assume responsibility for the further loans should be a result of negotiating your divorce settlement. The threat of you going to the police to report the fraud may help him see the logic.

silvercar

Need_Help_ASAP wrote: »

I am currently paying five separate mortgages off to the same company now, the paperwork I received consisted of two documents that were filled in by my husbands hand and had mine and his signature on them, for the last three amounts of money borrowed the documents have no signatures and are typed with no signatures, I am unsure what they are.



All the loans were done by Northern Rock, no more money was borrowed by my ex after the time of their collapse.


There are three charges
1) 2001- registered charge
2) 2015 - this names the proprietor as the my current mortgage company.
3) 2004 - Terms of Charge dated 2001 referred to above
altered by a Deed dated 2004 made between my ex and myself with Northern Rock

Looks like one mortgage with Northern Rock with 5 accounts to that mortgage. Therefore only one charge needs to be on the deeds.