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Money Moral Dilemma: My ex owes me £4,000 I paid in mortgage fees - how do I get it back?

MSE_Laura_F
MSE_Laura_F Posts: 1,598
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MSE Staff
edited 18 June at 4:48PM in Mortgages & endowments

This week's MoneySaver who wants advice asks…

My partner and I recently split. We had a five-year fixed-rate mortgage, and he wanted to transfer it to his new house. I agreed so we wouldn't have to pay an £8,000 early repayment charge. But he hadn't completed on his new place when we sold our house, so we each paid £4,000 towards the charge. I've since discovered that when his new house sale goes through, the £8,000 will be refunded directly to him. I'll get nothing, as my name's not on his new mortgage. What should I do?

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Comments

  • sammyjammy
    sammyjammy Posts: 8,278
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    How do you know you'll get nothing?

    "You've been reading SOS when it's just your clock reading 5:05 "
  • My ex owes me about £4k, I'm never gonna see a penny of it.

    Being completely honest my peace is worth way more than that.

    I've just written it off as a very traumatic and expensive lesson in life.

  • Woodstok2000
    Woodstok2000 Posts: 2,185
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    I don't understand this. You paid £4000 each to cover the early termination fee on the mortgage which is jow closed and the house is sold, so where is the £8000 refund coming from?

  • kingstreet
    kingstreet Posts: 39,514
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    The ex has ported or done a new mortgage with the previous lender so the ERC refund will come from the previous lender to the previous account holder. The OP should check to whom the payment will be made as it's not necessarily going to the ex. I've known of lenders, Nationwide perhaps, paying it to the solicitor who closed the previous account.

    I am a mortgage broker. 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. Please do not send PMs asking for one-to-one-advice, or representation.
  • kingstreet
    kingstreet Posts: 39,514
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    I was right about Nationwide;-

    Any ERCs due to be returned will be refunded within 10 working days of completion on the new mortgage. If the borrowers have changed from the original mortgage, the refund will be sent to the solicitor. If the borrowers are the same, the refund will be sent to the bank details provided on the redeemed account.

    I am a mortgage broker. 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. Please do not send PMs asking for one-to-one-advice, or representation.
  • 2702
    2702 Posts: 78
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    Why don't you contact the mortgage company that are issing the refund of the ERC and tell them of the situation and getn them to send to the solicitor who dealt with the sale and contact the solicitor who should give you £4k each.

  • keithyno.1
    keithyno.1 Posts: 166
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    edited 16 June at 8:59PM

    ^
    This! But it wouldn't do any harm speaking to Citizens Advice also to see if you do have any legal recourse to getting the £4,000 back if your ex refuses to cough up (I personally haven't a clue as I'm no legal or financial expert - morally speaking though, if half of the refund is yours then that's what you should get!)

  • tuffet1
    tuffet1 Posts: 23
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    This one makes no sense. I assume he has said i am keeping your £4K, bad luck? In which case ask him nicely and if no joy then ask him again, not so nicely………

  • Cambslady
    Cambslady Posts: 2
    First Post
    Newbie

    have you tried a simple conversation? If you loved him once, how has it got to this point? Maybe you should assume he is a decent human being and just ask for your share. Start by being nice.

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