Mortage company suddenly contacted me about arrears, 13 years after court ordered divorce settlement

Meltigra

Please, has anyone had any experience with a similar situation, in any way? My story is below.

Here are the salient points:

I divorced my abusive husband in 2010. I fought hard to reclaim my sanity and pull myself and my son out of the financial and emotional quagmire he left behind. 

The property in question is in Scotland, and was granted to the ex in the court settlement – I have had no connection with the property or the mortgage company since my divorce in 2010, or with the ex-husband since 2009 when he thankfully disappeared from my life.

The divorce was finalised and the court order given in the UK. The consent order, stamped at Brighton County Court on 3rd October 2011, confirms 

From section E – “Respondent Husband undertakes to procure the release of wife from any liability,” and “in any event to indemnify the Petitioner Wife against all such liability”

From section F – “Respondent husband undertaking to the court and agreeing to indemnify the Petitioner Wife against any liabilities” “which may have arisen since separation on 22 April 2009.” – mortgage payments will be included in this. 

The mortgage company (Mortgage Express) sent a letter to my home in August 2023, addressed to Mr & Mrs E (the married name I have not used since 2010) requesting contact. They told me they couldn’t find the ex (they had tried contacting him for two years) and had chased down Mrs E because they have the name as an account holder. 

The mortgage company say the court order does not apply to them. 

I explained my situation, and they appeared willing to help. As time went on they were less interested, unhelpful, and became more insistent in chasing payment. At the end of 2023, the mortgage was taken over by Hyalite Mortgages, and the saga started all over again. 

The ex is not living at the property. It appears it has been rented out. This is against the terms of his mortgage. The mortgage company had another address for him, he is not there either. The recent contact is the first I have heard from the mortgage company. I have had nothing to do with the mortgage, the property or the ex for over thirteen years.

The legal problems

Payments have been made to the account every month, and have recently increased. The mortgage company told me of the payments, but will not tell me who made them because they have the account labelled as ‘a marital dispute’.

I cannot find out who is living in the flat: A female voice answered the intercom when Mortgage Express did a home visit last summer before they contacted me. They were not let into the flat. I cannot find out who lives there because I do not have the rental agreement. Solicitors told me I cannot attempt to make contact myself as I could be reported and arrested for harassment. 

I have been advised that I cannot take action to seize and sell the property because it would be going against the court order. The same court order that doesn’t apply to the mortgage company. Scottish solicitors would have to get that order overturned by English courts if I was to have any chance of taking that course of action; in itself a tricky move as it would require the consent of the missing ex-husband. 

Scottish solicitors, after looking into the matter, finally advised a few days ago that I will require “both Scots law litigation advice and some input from an English family lawyer” to get any movement.

My personal problems

Financial: I cannot afford legal advice. I am barely making ends meet myself and as a result of all of this, the mortgage company has recently put a black mark on my previously clean credit record. This has seriously impacted my ability to fend for myself. Citizens Advice, whilst showing sympathy, were unable to help. 

Mental health: The stream of phone calls and texts to my mobile, and letters to my home (addressed to Mr & Mrs E, constantly dragging me back into painful reminders of the nightmare I fought so hard to escape) demanding payment are sending me back into trauma. 

I am doing everything to deal with a situation that is not of my making. I’ve written a formal complaint to the CEO, but I fear this will likely prove futile. I feel I’ve been banging my head against a brick wall and am very close to tipping over the edge. 

Any help or advice from anyone would be truly appreciated. Thank you in advance.

Green_hopeful

I don’t have any answers to your questions but I really feel for you that this has come back to you after so long. I hope you get it sorted. Big hugs. 

DullGreyGuy

The court order says your ex should have attempted to release you from any liabilities and failing that they will have to reimburse you for any liabilities that remain. Having failed on the first point the second point still stands but thats between you and him. It's like if you have a car accident and go into the back of someone... they sue you but it's your insurance company that ultimately pays the claim because they indemnify you but still your name as the defendant on the court papers. 

Writing a single letter to the occupant of the dwelling will not be considered harassment and never speak to the "solicitor" that told you it would. Harassment by definition requires repetition. That said, I'm not sure what you hope to gain from contact with the tenant?

You need proper legal advice, the CAB tend to run a list of local free and affordable legal advice services available in your area, hopefully they can coordinate with an equivalent in Scotland if the matter spans the two legal jurisdictions (you don't saw which legal system the mortgage is under)

Hoenir

Has the lender yet threatened repossession?  Seems to be the natural direction of travel if arrears are continuing to mount. Likewise the letting of the property is in breach of the mortgage contractual terms. As suggested above. The CAB is your best port of call. 

Meltigra

Green_hopeful said:

I don’t have any answers to your questions but I really feel for you that this has come back to you after so long. I hope you get it sorted. Big hugs. 

Thank you so much

Meltigra

Hoenir said:

Has the lender yet threatened repossession?  Seems to be the natural direction of travel if arrears are continuing to mount. Likewise the letting of the property is in breach of the mortgage contractual terms. As suggested above. The CAB is your best port of call. 

Thank you Hoenir, I have been to the CAB and they have been unable to help me. The lender hasn't threatened repossession yet, and yes I know that letting is in breach. All this has come out of the blue after 13 years of peace. I have been spending time researching and trying to get to the bottom of it all - this is how I've discovered the legal maze... 

Hoenir

The fundamental issue is that you have remained legally a joint mortgage holder. This should have been followed through at the time of the divorce. Either your ex remortgaged into their sole name or sold the property. 

DullGreyGuy

Meltigra said:

Hoenir said:

Has the lender yet threatened repossession?  Seems to be the natural direction of travel if arrears are continuing to mount. Likewise the letting of the property is in breach of the mortgage contractual terms. As suggested above. The CAB is your best port of call. 

Thank you Hoenir, I have been to the CAB and they have been unable to help me. The lender hasn't threatened repossession yet, and yes I know that letting is in breach. All this has come out of the blue after 13 years of peace. I have been spending time researching and trying to get to the bottom of it all - this is how I've discovered the legal maze... 

Its not the CAB themselves that can help, this is way outside their wheelhouse, but they should be able to advise of local free/affordable legal advise options. 

Meltigra

DullGreyGuy said:

Meltigra said:

Hoenir said:

Has the lender yet threatened repossession?  Seems to be the natural direction of travel if arrears are continuing to mount. Likewise the letting of the property is in breach of the mortgage contractual terms. As suggested above. The CAB is your best port of call. 

Thank you Hoenir, I have been to the CAB and they have been unable to help me. The lender hasn't threatened repossession yet, and yes I know that letting is in breach. All this has come out of the blue after 13 years of peace. I have been spending time researching and trying to get to the bottom of it all - this is how I've discovered the legal maze... 

Its not the CAB themselves that can help, this is way outside their wheelhouse, but they should be able to advise of local free/affordable legal advise options. 

DullGreyGuy said:

Meltigra said:

Hoenir said:

Has the lender yet threatened repossession?  Seems to be the natural direction of travel if arrears are continuing to mount. Likewise the letting of the property is in breach of the mortgage contractual terms. As suggested above. The CAB is your best port of call. 

Thank you Hoenir, I have been to the CAB and they have been unable to help me. The lender hasn't threatened repossession yet, and yes I know that letting is in breach. All this has come out of the blue after 13 years of peace. I have been spending time researching and trying to get to the bottom of it all - this is how I've discovered the legal maze... 

Its not the CAB themselves that can help, this is way outside their wheelhouse, but they should be able to advise of local free/affordable legal advise options. 

DullGreyGuy said:

Meltigra said:

Hoenir said:

Has the lender yet threatened repossession?  Seems to be the natural direction of travel if arrears are continuing to mount. Likewise the letting of the property is in breach of the mortgage contractual terms. As suggested above. The CAB is your best port of call. 

Thank you Hoenir, I have been to the CAB and they have been unable to help me. The lender hasn't threatened repossession yet, and yes I know that letting is in breach. All this has come out of the blue after 13 years of peace. I have been spending time researching and trying to get to the bottom of it all - this is how I've discovered the legal maze... 

Its not the CAB themselves that can help, this is way outside their wheelhouse, but they should be able to advise of local free/affordable legal advise options. 

Thank you DullGreyGuy, I've been checking in with CAB every step. Like you, they were also my first thought too. 

DullGreyGuy

Meltigra said:

DullGreyGuy said:

Meltigra said:

Hoenir said:

Has the lender yet threatened repossession?  Seems to be the natural direction of travel if arrears are continuing to mount. Likewise the letting of the property is in breach of the mortgage contractual terms. As suggested above. The CAB is your best port of call. 

Thank you Hoenir, I have been to the CAB and they have been unable to help me. The lender hasn't threatened repossession yet, and yes I know that letting is in breach. All this has come out of the blue after 13 years of peace. I have been spending time researching and trying to get to the bottom of it all - this is how I've discovered the legal maze... 

Its not the CAB themselves that can help, this is way outside their wheelhouse, but they should be able to advise of local free/affordable legal advise options. 

DullGreyGuy said:

Meltigra said:

Hoenir said:

Has the lender yet threatened repossession?  Seems to be the natural direction of travel if arrears are continuing to mount. Likewise the letting of the property is in breach of the mortgage contractual terms. As suggested above. The CAB is your best port of call. 

Thank you Hoenir, I have been to the CAB and they have been unable to help me. The lender hasn't threatened repossession yet, and yes I know that letting is in breach. All this has come out of the blue after 13 years of peace. I have been spending time researching and trying to get to the bottom of it all - this is how I've discovered the legal maze... 

Its not the CAB themselves that can help, this is way outside their wheelhouse, but they should be able to advise of local free/affordable legal advise options. 

DullGreyGuy said:

Meltigra said:

Hoenir said:

Has the lender yet threatened repossession?  Seems to be the natural direction of travel if arrears are continuing to mount. Likewise the letting of the property is in breach of the mortgage contractual terms. As suggested above. The CAB is your best port of call. 

Thank you Hoenir, I have been to the CAB and they have been unable to help me. The lender hasn't threatened repossession yet, and yes I know that letting is in breach. All this has come out of the blue after 13 years of peace. I have been spending time researching and trying to get to the bottom of it all - this is how I've discovered the legal maze... 

Its not the CAB themselves that can help, this is way outside their wheelhouse, but they should be able to advise of local free/affordable legal advise options. 

Thank you DullGreyGuy, I've been checking in with CAB every step. Like you, they were also my first thought too. 

CAB will rarely be my first thought, have had to have arguments with them many times when they gave wrong information about insurance claims and so the person has called back whilst in the CAB offices. 

For some things they are ok, knowing free legal services is one. 

missile

In Scotland when letting a property the owner is required to register his address with the council. I doubt he has done this, but it might be worth checking here > Search the Scottish landlord register - Scottish Landlord Register (landlordregistrationscotland.gov.uk)
"Payments have been made to the account every month, and have recently increased." So why are they chasing you? Underpayment? The mortgage company should be able to trace who is making those payments?
I would have thought your ex would have re-mortgaged(?) and don't understand why your solicitor did not insist on this when you were divorced? I would be contacting them.