How to get the house repossesed???

the_singing_cyclist
the_singing_cyclist Posts: 9 Forumite
in Mortgages & endowments
Hi, I’ll try to be brief....

Broke up with violent partner. Own a 4 bed house. Have two kids. He had two from current marriage (won’t divorce her even after 10 years apart) they are 12 and 15 and come to stay every other weekend. He has our kids quite often, 3 nights a week sometimes more.
I moved out last March after another violent episode but this time 6 weeks pregnant. Moved back to parents (who know what he is like)
Son is now 7 months daughter 4 in June. He doesn’t want to sell the house. Won’t talk about it. Literally just walks away from me when I try to broach the subject. Won’t buy me out. Won’t help to sell it.
Tried to sell the house since last April. Wouldn’t budge. Didn’t get a single decent offer. Lowered the price. Still nothing. It’s a beautiful house, opposite a 1st class school. In a gorgeous area near a mainline train station and m25. Now off the market.
So... desperation is taking hold as I cannot live with parents for much longer. I need the money to put down as deposit (c£70k) I work full time in recruitment and have paid nothing to the house since last August.
He works part time at the airport (kids still go full time childminder/preschool at £1400/month as he won’t look after them for some reason I dkw)
His salary is c£20k something like that. Mortgage is up for renewal in March 2019. Brexit time. What happens there? Will it go down in value?
So - if I call the mortgage co (Halifax) say I’m not living there, not paying towards it etc will they investigate his affordability? Then of course repossess because he can’t afford it. (He rents the older girls rooms out on Airbnb) Therefore house sells at best possible price no hassle with forcing a sale etc? Can we do this voluntarily so as to avoid bad credit rating for the next 5 years? Mine is impeccable.
Thanks
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Comments

  • bertiewhite
    bertiewhite Posts: 1,904 Forumite
    First Post
    edited 12 April 2018 at 10:26AM
    the_singing_cyclist wrote: »
    So - if I call the mortgage co (Halifax) say I’m not living there, not paying towards it etc will they investigate his affordability? Then of course repossess because he can’t afford it. (He rents the older girls rooms out on Airbnb) Therefore house sells at best possible price no hassle with forcing a sale etc? Can we do this voluntarily so as to avoid bad credit rating for the next 5 years? Mine is impeccable.
    Thanks

    I'm not sure that will work, but even if the house is repossessed - I don't think you'd see any of it?

    Isn't it normal for the house be sold at auction (probably at below market value) in order to pay off the mortgage?

    The key word is "re-possessed". The Halifax would be taking the house back - they won't be selling it for you!!!

    Also, I would have thought re-possession will damage credit rating, not improve it.

    Happy to be re-educated if I'm wrong.
  • ~Beanie~
    ~Beanie~ Posts: 3,043 Forumite
    First Post Combo Breaker First Anniversary
    They won't repossess the house unless he stops paying the mortgage and gets into arrears. I think you need to get legal advise about forcing a sale.
    :p
  • chelseablue
    chelseablue Posts: 3,302 Forumite
    Name Dropper First Post First Anniversary
    Is he paying the mortgage?

    I don't think lenders will have the house repossessed if the mortgage is being paid
  • the_singing_cyclist
    the_singing_cyclist Posts: 9 Forumite
    bertiewhite wrote: »
    I'm not sure that will work, but even if the house is repossessed - I don't think you'd see any of it?

    Isn't it normal for the house be sold at auction (probably at below market value) in order to pay off the mortgage?

    Happy to be re-educated if I'm wrong.

    The house was bought at £308k. Outstanding mortgage is £247k.
    Value is currently c£425k.
    The mortgage company have to sell for best possible price. And we get what is left over.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    bertiewhite wrote: »
    Isn't it normal for the house be sold at auction (probably at below market value) in order to pay off the mortgage?
    It's not "normal" for repossessions to be sold at auction, no - they're normally sold via conventional estate agents. And the lender has to take reasonable steps to achieve the best price.

    But it would make more sense for the OP/partner to try harder to sell it themselves - obviously not going to be sold if it's not even currently on the market! Any sort of repossession will add all of the lender's costs onto the mortgage account.
  • the_singing_cyclist
    the_singing_cyclist Posts: 9 Forumite
    chelseablue wrote: »
    Is he paying the mortgage?

    I don't think lenders will have the house repossessed if the mortgage is being paid

    Surely when it comes to remortgaging they assess affordability?
    Changes in circumstances etc?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    the_singing_cyclist wrote: »
    Surely when it comes to remortgaging they assess affordability?
    Changes in circumstances etc?
    If changing lender, yes. But if just going to a new deal with the same lender, they won't carry out the same checks or ask the same questions. Not sure exactly what Halifax's policy is.

    And in the meantime, telling the Halifax about a drop in income etc isn't going to do anything - they won't care unless the account actually falls into arrears.
  • ~Beanie~
    ~Beanie~ Posts: 3,043 Forumite
    First Post Combo Breaker First Anniversary
    davidmcn wrote: »
    If changing lender, yes. But if just going to a new deal with the same lender, they won't carry out the same checks or ask the same questions. Not sure exactly what Halifax's policy is.

    Halifax don't check, I have done it recently myself. As an existing customer you can just pick a new deal online without any checks.
    :p
  • bertiewhite
    bertiewhite Posts: 1,904 Forumite
    First Post
    davidmcn wrote: »
    It's not "normal" for repossessions to be sold at auction, no - they're normally sold via conventional estate agents. And the lender has to take reasonable steps to achieve the best price.

    OK thanks, every day's a school day!!!
    davidmcn wrote: »
    If changing lender, yes. But if just going to a new deal with the same lender, they won't carry out the same checks or ask the same questions.

    Virginmoney still did affordability & credit checks when I was buying a cheaper house than I was selling for because they said my circumstances could have changed.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    bertiewhite wrote: »
    Virginmoney still did affordability & credit checks when I was buying a cheaper house than I was selling for because they said my circumstances could have changed.
    But if you're buying a house, that's a new mortgage (even if it's the same lender as your previous mortgage). Different from changing to a different product while retaining a mortgage over the same property.
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