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Forged homeowner loan
tobysmith
Posts: 9 Forumite
Hi, about 10 years ago my ex husband forged £25k homeowner loan on our jointly owned house. He was convicted and went to prison for this, but still refuses to pay a penny and the loan is now at £44k due to interest. I keep the mortgage interest payments up each, this is the only reason they will not force a sale of the house - so they say. The mortgage co say I am not responsible for this loan but still refuse to take the loan off the house. I cannot sell the house as my credit is effected , even though the mortgage co are meant to adjust my credit every month, they keep failing to do this and I have phone them every month to complain. I have been to numerous solicitors who all say the say same, nothing I can do unless I have a hot shot solicitor from London and this will cost a lot of money which I don’t have. I cannot sell and move due to this loan and I am so fed up after 10 years of trying to fight this and getting nowhere. The mortgage co have told me this is with their Financial Legal team to work out how to get this loan off the house but I cannot speak to them myself! Any advice please, I have twin boys and I am desperate to move to a bigger house. Thank you
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Comments
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How did he 'forge' a loan? What were the details? And what do you mean by the mortgage company is meant to adjust your credit each month?
No solicitor will be telling you that you need a 'hot shot solicitor from London'. I think you need to explain the situation and then you may get some more useful advice.
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He forged my signature and yes 3 solicitors told the me exact same thing. The mortgage co are meant to adjust my credit file every month by removing the defaults of him not paying the loan every month0
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You are a victim of fraud. The stolen money cannot be secured against your property because its been accepted it was done fraudulently. The only thing that you do need to consider is that if your husband owns 50% and that would cover the debt it could be seen as a proceeds of crime but this should have all been dealt with at sentencing.
Did the money have to be paid back?0 -
Thank you for your reply. The loan is still secured against the house unfortunately and the mortgage co will not remove it despite me trying to get it removed by contacting them numerous times over the years. None of this loan was dealt with when he was sent to prison, he was convicted of fraud but nothing with regards to the loan was changed. He has not paid anything and still refuses to pay anything, the loan amount continues to rise due to the interest. All the mortgage co say, is that the loan is with the financial legal team to work out how to get the loan off the house and that I cannot speak to this team myself as they are not customer facing. I cannot sell and get another mortgage as my credit file is affected and I am financially associated with my ex due to the loan0
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Try one of the newspaper financial help columnists. Sunday times, telegraph etc. Only send it to one of them.0
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So what loans outstanding on your house are there? Is it only this 'homeowner' loan or did and do you continue to have an existing mortgage before the homeowner was taken out (and if so, is it with the same lender who advanced the homeowner)?0
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Is your ex still on the mortgage and a joint owner?0
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The forged signature homeowner loan is still on the house and there is the mortgage too, both mortgage and the loan are from the same mortgage co. Yes we are still joint home owners as I cannot afford to sell due to the loan on the house and being financially associated to my ex husband (credit file). I cannot see me being able to get another mortgage due to the credit file association with him. I have just spoken to mortgage co today and they again said that they will not take the loan of the house. I will try newspaper financial help columnist - thank you0
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I feel truly sorry for you, what an awful situation to be in. I don't know what the answer is but I would say definitely go to the media about it, this was clearly not your fault and shouldn't be on your shoulders. If money was taken from your account fraudulently the banks would refund it usually and this, in principle, shouldn't be any different. If it was a stranger and not your husband I'm sure it would have been voided. I hope you get it sorted.0
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Thank you for your comments everyone. I am sure the reason why the mortgage co will not remove the loan from the house is because they have no other way of getting the money back from my ex as he refuses to pay any money at all and does not respond at all to any correspondence from them ☹️0
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