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Mortgage Product Transfer query

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Good afternoon all

My ex-wife has applied for a Mortgage Product Transfer with Santander and when I spoke to them, as I do not want this, they said as it is financially beneficial and as long as it does not cause any financial harm or detriment to me they can authorise the change with only her signature after 21 days – I even spoke to the complaints department and raised a complaint & they confirmed this. However, I have now received the paperwork and it says clearly on it that both parties must sign and return the paperwork within 14 days.

Can anyone confirm if this is correct and where I can find the rules governing this please?

As background we separated over 10 years ago and divorce was finalised 8 years ago. Children are now well over 18 and out of F/T education so I do not want her to keep the mortgage with me on it and I am hoping that if she has to pay the higher rate and cannot transfer that she will just re-mortgage meaning I am taken off the mortgage completely. So for her to able to continue in the mortgage with me named is clearly detrimental to me financially as it affects my credit score and the amount I can borrow and the rate at which I can borrow as it is shown as debt in my name. 

Thanks for reading.


Comments

  • WYSPECIAL
    WYSPECIAL Posts: 739 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Did you get a financial order, consent or otherwise, at the time of the divorce?
    What does it say?
    Have you checked the T&Cs for your lender?
  • ACG
    ACG Posts: 24,555 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    I think it really depends on what the lenders specific stance on it is. 

    Ask them to put a hold on the PT as you are taking it to the ombudsman and also obtaining legal advice as to why it was not part of the divorce and the courts may end up trying to reverse the PT... The court are unlikely to do that, but it might mean they do not allow it to go through putting your ex on the SVR for a month or 2 which may be enough to force their hand. 
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • penners324
    penners324 Posts: 3,511 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    So you still own half the house?

    Don't you want half the equity?

    It's possible she can't afford to to remortgage in her on her own
  • ACG
    ACG Posts: 24,555 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    So you still own half the house?

    Don't you want half the equity?

    It's possible she can't afford to to remortgage in her on her own
    Its not the OPs problem. They divorced nearly a decade ago. 
    Who wants to be tied to their ex longer than needed? 
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Divorcing
    Divorcing Posts: 83 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 3 March at 10:07PM
    Hi sorry for the delay. It is with Santander, there is no court order covering this side of it, there is however an order that I have no beneficial interest in the property - basically it is held in trust for the kids. 
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