Cancelling my mortgage direct debit to make my ex pay it

user1977

MalMonroe said:

ACG, above, said "If neither of them pay, then the house will be repossessed. Any money will be used to clear the mortgage, if there is a shortfall, then they may be able to go to court to force repayment. If there isn't a shortfall, any extra will presumably get split 50/50. "

Would that be such a tragedy? You may not get what you think the property is worth that way but it would certainly sort the matter out. 

It's not just getting a different sale price, it's the fact that by that point the lender will also be deducting tons of late payment interest/charges, costs for lawyers, bailiffs, locksmiths, house clearance, and the OP's credit record will be wrecked.

Rosco32

If you want out of this, this is what I'd do. I would personally send him a letter recorded delivery to advise him you have cancelled the direct debit that pays the mortgage (do cancel it too) and that the mortgage will no longer be paid by yourself. I appreciate that part may be hard, but taking this first step is a start to putting all of this behind you. Advise him that the mortgage company will then start proceedings to repossess the house, and that they will force the sale of the house. Yes, your credit history is going to be effected, but look at it this way. A poor credit history isn't forever. If you have a mortgage on the home you currently live in, and preferably with a different lender, when it comes to re-mortgaging you will more than likely only be able to re-mortgage with your current lender and rates may/may not be favourable, however from a more positive view point, you can put all this of this behind you. You'll no longer be paying a second mortgage and you'll be free from all of this stress. What I would say is that if your main banking facilities (current account, savings etc) is with the same bank whom you and your ex have the mortgage with, I would switch everything away to a different bank. The reason behind this is that some banks could possibly use any funds in your current accounts, savings etc to cover missed mortgage payments. This might all seem a little drastic and scary, but the way you have described your ex's behaviour, it would appear he's not going to come to a mutual agreement anytime soon. As time passes by and you continue to pay the mortgage, he isn't going to meet any of your demands, and whilst you can go through the courts, it's a long process, which just makes this drag on even longer. It is entirely up to you of course, but this is just my personal opinion on what I would do if I were in a similar situation. Good luck