Mortgage/repossession/declaration of trust

silvercar

the one the one place where legal advice would be available is your lender. They will have a legal team, they are obviously advising the lender not you, but they will certainly inform you of their entitlement to repossess if necessary. If they do the ground work, it may be easiest.

They may be able to repossess on other grounds eg a breach of the mortgage terms. Is this a buy to let mortgage, where the ‘tenant’ is not paying rent? I doubt the lender would be happy with that, they generally require a tenancy under an AST. 

It sounds like ideally you need him out before he can do damage, though him reducing the property value at least reduces any capital gains tax liability. Though you may need legal advice to prove you are not the beneficial owner if that becomes a problem.

luvchocolate

Thank you all for replying..plenty to think about, Much appreciated 

luvchocolate

caprikid1 said:

Do you know if you EX is still alive ? Still at the property ?

Can someone go an visit the property ?

Ultimately this feels more like his problem than yours, you won't lose your home but potentially you will get a chunk of cash ?

Sorry I missed this reply. He paid the mortgage on March 11th according to the bank. They are sending a field agent to the property 
The property is 90 miles away and was advised by the police a number of years ago to stay away due to his behaviour 

It's the stress it's causing me now after all these years...I just want it over