HELP! Buying someone out of mortgage- the process? How long?

Lorna_lou

So, my partner's ex has been very awkward since their split. 2 years later and he is still paying the mortgage. She is living in the property and has been since they split.

To cut a long story short she has been very difficult and has done one thing after another to stall the process of sorting out the mortage and for him to continue paying half.

An example of things she has done- refused to put the house up for sale for a while, found out she was refusing viewings when it eventually went up for sale, my partner was advised to lower the asking price to which he agreed she refused, took a mortgage holiday without my partners knowledge ( ticked the document to say he had consented) and continued to take my partner's payment each month until he found out. It has been one thing after another UNTIL she messaged last month to say she was wanting to buy him out and that she had seen a mortgage advisor who said she was able to and in her words she had ' started the process'.  And then added that she would need my partner for pay for half the mortgage this month as ashe was on furlogh but that it would be sorted after this month.

My question is what is the process if she has started it? Understandably I am very suspicious as to if this is actually happening or it is another delaying tactic and to sweeten my partner up so is he happy paying thinking its going through, I am very wary that there will be some sort of excuse after this. Would she even get a mortgage accepted if she was on furlough?

Also in the 4 weeks since she said she has started the process my partner hasn't heard a thing? Is this normal? Or would he have heard from the mortgage company asking for his consent for her to start the process?

I have told him from day one he should have got a solicitor involved but he wanted to do it amicabally and as cheap as possible, although she has made it very difficult and I can't help but thinking she's lying.

Any help please?

kingstreet

A new mortgage application and a transfer of equity requiring a solicitor/conveyancer acceptable to the lender. Expect six to eight weeks to complete normally. Maybe more at present.

MWT

I would ask for more solid evidence to support her assertions...

Like the name of the solicitor she is using, and also a bit of common sense, like is it credible that she is going to be able to pass the affordability criteria for the full mortgage on her own, especially if she is furloughed at the moment...

From the information given so far, she has already committed fraud and deception so not a strong basis to be taken at her word...

Lorna_lou

Thank you for your responses. This is my issue she is clearly not trustworthy and my partner is very positive that it is finally going through, so he thinks. It's been very stressful for him I get it with what she has done but I'm very suspicious. The thing is she knows we are together and knows he can't get another mortgage until he is off that one and she has dragged this on now 2 years.

From what I know about her circumstances I was very surprised she would be able to afford it. she has also taken a mortgage repayment holiday for 3 months already this year and she is apparently remortgaging with the same company. Would this not go against her too? And like I said she's on furlough at the moment.

I don't beleive a word of it.

MWT

After a few more weeks it will be '... well I tried but they won't give me a mortgage until I'm back at work for a full month...' so that will get her to Feb/March...

A recent mortgage holiday, on furlough and one salary doesn't bode well for her chances.

Lorna_lou

MWT- thanks. this is exactly my thinking as to what she is doing. Telling my partner what he wants to hear in the hope that he won't push and go through a solicitor as he thinks it's going to be sorted in the next few months and that he continues paying half the mortgage which he has been doing to once more delay the process.

It's exhausting as we are in the position where we want to buy our own home but we can't until he gets the money from that one and his name is off the mortgage. I've told him he needs to go through a solictitor but he has always been hopeful that they can sort it amicably and to sort it themselves so they are not losing money. But 2 years down the line and it still seems it's no closer.

Do you know if the mortgage company would have to contact him before they started the process? As it seems strange that he hasn't had anything if she is tellign the truth. But I'm unfamiliar with the process

getmore4less

The most important thing is what offer on the table for the buyout and does it agree with any agreement set up when they bought the place.

There needs to be an increased  motivation for her to get it sorted.
One thing that does that is just move back in(moving out puts you at a disadvantage)  and if that was with you that might swing the balance  in his favour.

There is another option the "put up or shut up" if you can afford to buy her out which may be more likely with 2 incomes 
depends if you want the place and it is suitable.

Lorna_lou

They have agreed an amount she will buy him out for. My partner has actually taken a hit as he is desperate for it to be over so has settled for a lower amount but still one that will give us a decent deposit. He has tried to be accomodating to her and give her more just to get it to go through. He is leaving all the furniture etc so if she does buy him out its so much better for her, she wants to stay there, but seems she just wants him to remain on the mortgage and him to continue paying it. She's very bitter and I think it is genuinley just because she doesn't want us to buy a house together and knowing shes stopping us will be enough pleasure for her, rather than her moving on with her life herself.

We really don't want to buy her out as the place isn't suitable for us and we don't like the idea of living where they did.

Meh123

I’d call her bluff and request her solicitors details so you can forward them to your own sols for the trans of ownership process.

I’d also be asking for the valuation details, who’s valued the house, how much is she proposing as a ‘buy out’ amount. Sounds like she’s used to having  final say in what happens so is just making big statements without having anything to back them up with. 

By the sounds of her situation I struggle to see how she’s getting a mortgage, but the chances of that I honestly wouldn’t know 🤷🏼‍♀️
If I was your partner I’d be making it clear that this either happens or the house is sold.....if she made selling impossible again then I’d just start treating the house as my own again, letting myself in, painting walls Fluro yellow, releasing my free roaming giant boa constrictor ‘pet’ in the house etc .... but that’s just me 😂😂

Lorna_lou

I honestly think it's a load of rubbish and she's just throwing things about to get his hopes up and it's really just to stall yet again.

They have done calculations and agreed on a figure that she will give him to buy him out. But she doesn't have the cash so will have to remortgage more to get that also.

The house is currently up for sale and has been for 10 months. But she has been refusing viewings and refused to lower the price to get more interest. He is happy with her buying him out or selling he just wants his money and her out of his life.

Say is she is telling the truth, woudl he have heard something by now from his mortgage company? I want to try find out if this is a sign that she actually hasn't but I don't know the process.

Meh123

I really wouldn’t know, but naturally he’d have to be signing things and consenting to the changes.
If I was him I’d just call the mortgage provider and ask what the process would be.