My partner is divorced - but still named on ex wifes mortgage - now repossession!

[cheekyblade]

Can anyone help please

 

My partner and I have been together for two years - he was divorced from his ex wiife - 2 years ago. As part of the divorce settlement she got the entire house amongst other things - they also have two teenage children together. However, becasue she has already defaulted on the mortgage before, the mortgage company would not release my partner. (He left the matrimonial house 2 yers before the divorce was finalised - hence 4 years ago). It was simply stated in court that she should 'use her best endeavours' to release him - this hasnt happened. Now the lenders have set a court date for a repossession order as she has been defaulting for nearly four years. Is there anything we can do to help salvage my parteners credit scoring - ie. the repossession against his name is going to affect us hugely - and get him off her mortgage. Please please help someone !!!!!

[rory32]

The only thing I can think of is sending a Notice of Disassociation to the CRA's. Then at least he shouldn't be linked to her. He also needs to get hold of his credit report to check that her defaults have not been recorded on his file. If they are he should ask the mortgage company to remove them.

[cheekyblade]

Thanks - we've already requested his credit record - and the financial disassociation to her was completed in Aug 07. But the messed up mortgage remains on his file as his name is still on the mortgage. It just seems ridiculous that C and G wont allow his name to be removed from her mortgage despite the fact he has lived elsewhere for 4 years. The courts even stipulated in the divorce he has no finacial links to the property. C and G said if we pay ff her 7500 arrears and then have 6 full onthly payments they would remove his name - obvously we cant guarantee she will pay for the six months - andshe simply cant afford it. We are now supporting the repssession order - but the only thing is it means my partner will have that repossession against his credit record - through no fault of his own. Is supporting the repossession really the only way to go??? P.S She will defo not sell of her own accord - i had a conversation with her and she said she'd prefer it repossessed that sell so that her ex sufferes financially. OH A BIG OLD MESS - ANY OTHER ADVICE WOULD BE HUGELY APPRECIATED BEFORE MY HAIR FALLS OUT!

[tomterm8]

I think it is worth calling the national debt line... and / or seeking advice from a soliciter.

 

Can you copy the relevant sections of the divorce order out? (not the rest of the order;) )

[tbern123]

ignore me

[cheekyblade]

Tomterm8 - thank you for any help you can offer. Here is a copy of the consent order - or some of it anyway

CONSENT ORDER

UPON the Applicant undertaking to the Court to use her best endeavours to procure the release of the Respondant from any liability under the mortgage referred to hereafter including any existing or future arreas there under and in default to indemnify the Respondant in relation thereto.

BY CONSENT

It is ordered

within 28 days from the date of this order, or from the date of the Decree Absolute, which ever shall be the l;ater, the Respondant do transfer to the Applicant all his legal and beneficial interest in the property situate at known as (the address) subject to the mortgage secrured thereon in favour of lloyds tsb account number xxxxxxxx

 

Does this help you to help us? We do have a solicitor but she said the only thing we can do is support the repossossion - I wonder whether she gave him good advice initially during the divorce? Please help!!!!! Thank you

[cheekyblade]

can anyone please help??????

[tomterm8]

Erm, so are you applicant or respondant? I am assuming respondant. The clear point is that any damage done to your reputation appears to be indeminfied under the court order.

 

therefore, any consequent costs of reposession should cause a right of action, allowing you to recover from the ex partner.

[cheekyblade]

We are the respondant - so the main damage we're concerned about is the credit scoring - but experian have already said they can not remove anything as it's in join names. It's not the cost of the repossession we are worried about - it's my partner's credit scoring. Can I insist that the credit scoring companies delete this mortgage record from his name? Despite the fact she went into arrears before the divorce was settled and finalised?

Sorry I said it was a toughy. I have a solicitor but she simply said repossession is the best and only way forward to get his name off mortgage. HAS ANYONE EVER BEEN IN THIS POSITION? SURELY SO - OR DID MY PARTNER JUST GET 'TAKEN FOR EVERTHING' IN THE DIVORCE AND THERE REALLY IS NO WAY FORWARD???? arrrrgggghhhhhhhhhh

[Goldlady]

The only suggestion I can come up with is that if it all happens as you say then you can add a note to the CRA's records explaining the circumstances as briefly as you can, which will at least show future lenders that he was not responsible for this happening.

 

She must be very silly if she thinks losing her home is getting back at him:confused:

[Goldlady]

Is he going to the repossession hearing?

[cheekyblade]

No as he's in active service in middle east but I have power of attorney so I may go. Weve also drafted a letter to the court stating our support of the repossession becasue of the situation - our solicitor is amending it and emailing it back to me tomorrow.

[tomterm8]

I don't honestly know anything that can be done, it's almost certain the reposession will show up. i would recommend contacting the national debt line or shelter for impartial advice.

 

The only other advice I could give would be to discover if he can get an order to sell the house on his own.

[Kai-Boshed]

A similar thing happened to me when I broke up with my ex. I moved out and left the house with him on the grounds he pays the mortgage (he agreed) - BIG MISTAKE. The stupid fool deliberatly let the mortgage run in to arrears, I had no idea until the court summons! I asked him what was going on and he said, he would rather it get repossessed so I can never get another house than sell it.

 

I didnt have a clue what to do at the time - so I seeked legal advice, luckily I got legal aid at the time. Firstly we had to get a court ordering the sale of the property - secondly, I had to find a cash buyer. The house was in a dreadful state so no body was interested really. I was furious, I could not believe someone could be so spiteful.

 

One thing I would say, there are ways to stop a repo and I would strongly advise you look in to getting a quick cash sale instead of a voluntary repo because I know it might seem like less hassle just to have it over and done with but are you certain you wont have any mortgage shortfall (take in to account repo fees, legal fees, selling fees etc) I hate to plug my own website but look in my sig at the repo link.

 

I know how annoyed you must be, but you do have rights to force a sale if the alternative is a repo a judge will help you if you explain this and give you time to get a quick cash sale.

[majik]

I have one major query, What do you have in way of a financial dis-association, If you have it in writting/email that your husband is not financialy associated to his ex then the reposesion will not show on his credit report and anything in joint names would have had to be cancelled/his liability removed before you can create a dis-association.

 

The account should show as settled/satisfactory on his records. If you do not have anything in writting about the dis-association then the repossession could damage his credit.

 

If you do not have this then your husband can put the house up for sale as and persue a court order forcing the sale of the house. Who name is the title deeds in as unless he signed them over to her the house is still half his.

She has not stuck the the courts request of doing all she can to remove his name etc so i would personally persue a court order forcing her to sell and also write to the original lender inform them and ask for time, also keep them informed/up to date of situations.

Or offer them 50% of arrears to remove his name from deeds etc although this will probably not be accepted due to the amount of arrears.

 

My partner has just gone through a similliar thing and had to pay 50% of a shortfall to remove her liability and stop court action dispite having signed agreements that her ex was soley liable for any shortfall???

She is currently taking her ex through the small courts to reclaim this for breach of contract.