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 

luvchocolate

Quick update no further on still missing the odd payment. Local council now involved because of complaints from neighbours 3 old vehicles and rubbish piled up. They have been really helpful though and using the DOT to hold him responsible. He has until beginning of December. 
Bank unhelpful as my mortgage my responsibly 

luvchocolate

Update now 4 missed payments and bank sent a field agent. Cars and rubbish still in the gardens..blinds closed and bins empty

No reply they think it's been abandoned.

Next week they will start the long route for repossession...I've prepared my SOA in preparation to show no funds to pay

At least somethings moving forward

luvchocolate

No mortgage paid this year. Today I received court hearing for late June to claim possession of the property.

It's a great relief I expected it dragging on

luvchocolate

quick update 14 day possession given…at long last the nightmare will be over.

thank you for all your suggestions

silvercar

https://forums.moneysavingexpert.com/discussion/comment/82049354#Comment_82049354

Thanks for reporting back, always good to know how the story ended.

Do you know if the property is empty? I’d keep an eye out to see when the property comes on the market and how much for.

luvchocolate

https://forums.moneysavingexpert.com/discussion/comment/82049470#Comment_82049470

I'm pretty sure it abandoned but he's unpredictable

Think it will be at auction

4 bed semi dorma bungalow.

One joined on was on the market for £180,000 and it's sold subject to contract

I don't want to post photos on here

It's on a lovely street.

I can send more info private message to you?

whizzywoo

You can put an alert on at the Land Registry and they will email you if and when it is in the process of being sold.