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Mortgage with bankruptcy
MrsLE
Posts: 5 Forumite
I am named on a mortgage with my ex from when we divorced 13 years ago. I signed a TOE and am no longer on the deeds (bad legal advice I’m sure of it). He has made countless Late payments meaning he STILL is unable to take me off the mortgage agreement.
Due to COVID I think I may have to go bankrupt next year as my business is failing. If I do, will I be removed from the mortgage?? Or will he be forced to sell? I have no interest in the property as am not in the deeds. It would be the only good thing to come out if this if it were the case as I’m trapped in this crappy situation.
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Comments
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When did you sign the equity over, as this could have a bearing in bankruptcy? (i.e. it could be reclaimed by the OR).0
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In 2007 as part of our divorce
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The legislation states that the OR can make an "antecedent recovery" if the transaction was within 5 years of the making of the bankruptcy order.
Couple more questions:
* What equity was in the property at the time?
* What debt did you have at the time?
* Did he buy you out? If so, was it for market value? Did you get any valuations done?
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Sorry!! I misread that as 2017, so it wouldn't be claimed as an antecedent recovery.
This is an odd one though. I didn't think you could be removed from the Land Reg if you were still on the mortgage? Otherwise if your ex stopped paying and the mortgage company chased you they would have no leverage.0
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