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Mortgage shortfall after Bankruptcy 6 years ago.

Cunners316
Posts: 15 Forumite

Bit of a complicated one and hoping someone on here may be able to assist.
Basically I went BR in 2011. Had a mortgage for a property I was no longer living in (ex partner was there). That property went onto the BR.
BR went through and administrators said as property was in negative equity they had no interest.
I had nothing further to do with the property, the ex took over the payments (I know, my mistake). Then in 2014 I got notification the bank was repossessing, ex had not paid mortgage for months etc. House was repossessed in 2014 and sold in 2015. There was a mortgage shortfall at this point. I received no paperwork regarding this shortfall (and haven't to this point). I spoke to my administrators and after a few emails back and forward got told the shortfall was now unsecured debt and part of the original BR, however the bank could chase my ex for the shortfall.
I then found out a couple of years later my ex had also gone BR and was living in Scotland where the rules are all different I believe.
I have heard nothing about the mortgage or shortfall since the initial repossession in 2014.
My credit file is showing a default of the shortfall which is coming up to 6 years this year.
I understand banks have 12 years to chase mortgage shortfalls but must contact within 6 years as per the Code of Conduct.
I have a few questions.
Firstly, if my administrators told me the shortfall was now part of the original BR, am I right in thinking the mortgage company cannot chase me for shortfall (I have the emails to show our conversations on this matter)? Is this something that if chased I could point the bank towards the administrators for?
Will the default fall off as normal at the 6 year point?
What is the general consensus on banks leaving it 6+ years to chase shortfalls, do they regularly do it?
My ex has been told that there is nothing showing against her in terms of the mortgage as it was included in her BR from the start.
Hope that is clear enough, I'm looking for a little bit of clarity myself.
Thanks.
Basically I went BR in 2011. Had a mortgage for a property I was no longer living in (ex partner was there). That property went onto the BR.
BR went through and administrators said as property was in negative equity they had no interest.
I had nothing further to do with the property, the ex took over the payments (I know, my mistake). Then in 2014 I got notification the bank was repossessing, ex had not paid mortgage for months etc. House was repossessed in 2014 and sold in 2015. There was a mortgage shortfall at this point. I received no paperwork regarding this shortfall (and haven't to this point). I spoke to my administrators and after a few emails back and forward got told the shortfall was now unsecured debt and part of the original BR, however the bank could chase my ex for the shortfall.
I then found out a couple of years later my ex had also gone BR and was living in Scotland where the rules are all different I believe.
I have heard nothing about the mortgage or shortfall since the initial repossession in 2014.
My credit file is showing a default of the shortfall which is coming up to 6 years this year.
I understand banks have 12 years to chase mortgage shortfalls but must contact within 6 years as per the Code of Conduct.
I have a few questions.
Firstly, if my administrators told me the shortfall was now part of the original BR, am I right in thinking the mortgage company cannot chase me for shortfall (I have the emails to show our conversations on this matter)? Is this something that if chased I could point the bank towards the administrators for?
Will the default fall off as normal at the 6 year point?
What is the general consensus on banks leaving it 6+ years to chase shortfalls, do they regularly do it?
My ex has been told that there is nothing showing against her in terms of the mortgage as it was included in her BR from the start.
Hope that is clear enough, I'm looking for a little bit of clarity myself.
Thanks.
0
Comments
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Hi to put your mind at rest if the mortgage loan was pre BR then any shortfall would fall into your BR no matter how long it is between your BR and repossession...providing you did not sign anything.
They may chase your ex if this was a joint mortgage but they can not pursue you1 -
Sorry just re read to see your ex is also B.R
My repossession came of my credit report after 6years same as my BR0 -
luvchocolate said:Hi to put your mind at rest if the mortgage loan was pre BR then any shortfall would fall into your BR no matter how long it is between your BR and repossession...providing you did not sign anything.
They may chase your ex if this was a joint mortgage but they can not pursue you1
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