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HSBC/EX partners debt, court for repossession of MY house, in sole name

I had a mortgage with partner and HSBC, unbeknown to me (took legal advise) the charge that I signed was an "all monies" charge. A year later the house was sold and HSBC were paid off (By solicitor) 3 years later...Tuesday I go to court, HSBC are coming after me for his debt to them. He has gone Bankrupt and the business was in his sole name. They are trying for repossession of my own home, never in his name. This is the scariest place I have been, any advise............please

Comments

  • Snaggles
    Snaggles Posts: 19,503 Forumite
    Hi Sarah, when you sold the house, HSBC should have released their charge over the property (they would have to have done this in order for the mortgage provider of the person who purchased the property to register THEIR charge over the property, assuming they HAVE a mortgage and didn't buy it outright). So I'm not sure how they can come after you, but having said that, I know very little about the bankruptcy side of things.

    I would suggest you get proper legal advice in this situation, to protect your interests and your property - sorry I can't be more help, hopefully someone else will know more.
    "I wasn't wrong, I just wasn't right enough."
    :smileyhea
    9780007258925
  • myrnahaz
    myrnahaz Posts: 1,117 Forumite
    You definitely need legal advice - There was an article in the Daily mail (I think) just last week which said that a woman who divorced her husband more than 20 years ago may have to sell her house to pay off her ex's debts because the house was jointly owned with her ex at the time his debts were incurred.
  • CCCS_Emily
    CCCS_Emily Posts: 65 Forumite
    Hi Sarah,

    You need to seek legal advice. I would suggest you try www.clsdirect.org.uk
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
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