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samantha1234

Northern rock and a unsecured loan

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Hi all

Shall try and explain this as best i can..

My partner and i (we wasnt married)wanted to buy a house several yrs ago, i was declined my name on the mortgage as i had ccjs...

My then partner had the mortgage on his name plus a unsecured loan..

On moving into the house we were there weeks and my partner left, i havent seen or heard from in 7 yrs..

i continued to pay the mortgage and northern rock knew i was in the house and happily took the mortgages payments from me and my ex paid the loan..

However 2 yrs ago the ex partner stopped paying the loan, so every time i make a payment, they take the mortgage money off his loan..

He did leave me letters, signed and dated which i still have to say the house would always be mine i have a caution on the land, what i would like to know, is can i just pay the mortgage and insist the payments are just taken off the mortgage....as realistically its not my account...

Any advice would be great....

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I'm a wee bit confused here.

 

Is the house in joint names or just your partners? If you are not named on the deeds you have no legal rights to the property despite his letter. It would have been totally different if you had been married (the matrimonial causes act covers this issue) and as you name isn't on the mortgage loan you have no responsibility to Northern Rock.

 

They will be happy for you to remain in the property so long as the mortgage is being paid, as they really don't care where the money is coming from. I don't see how the loan comes into this at all though unless its an extension to the mortgage, i.e. a further advance. If it is then Northern Rock have more control over where the payments get credited.

 

If the accounts are totally separate you can decide where to pay the funds.

 

I am slightly concerned for you however because as it stands you seem to be paying a mortgage on a property you don't own and will never own unless the deeds are transferred into your name. In other words you are virtually renting from Northern Rock.

 

You may wish to consider getting the mortgage and deeds transferred into your name (assuming Northern Rock will now agree to this) then at least you will have clear title to the house, albeit you'll also be responsible for the mortgage debt too.

 

If the loan really is unsecured, I think you would be entitled to ignore it as your ex is responsible for that and Northern Rock need to chase him for payments.

 

From a practical point of view, it would be wise to get the mortgage sorted before dealing with the loan as Northern Rock may use that as a bargaining chip.

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Many thanks for your reply.

No the house is solely in my ex partners name..

the loan was unsecured which my partner took out with northern rock seperate from the mortgage so seperate account..

Any letter i write to northern rock is always ignored, as they say its not my account, so they cannot tell me..

When i pay the mortgage payments they take the loan out of the money i have paid so i am ending paying up the loan also

I have got a bit of legal advice which said well after 7years as i have paid all the bills and the mortgage here, then i will have some right to the property, apparently some new co habiting law has been passed..

Also the mortgage on the property plus the loan is around 270 a month and i would be unable to rent any where else for such a cheap price...

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samantha I think you need to get a bit tougher with your ex here. You need his input to be able to get access to Northern Rock, possibly in the form of permission to deal with the account.

 

Considering that you are the one making payments, it seems harsh that you cannot speak to the lender to sort this out particularly as they are arbitrarily taking funds meant for a mortgage and crediting a loan account which just seems plain wrong.

 

The big problem you face is that Northern Rock are following the law correctly with regard to the date sharing aspect so you need to get past that first.

 

Assuming you can overcome this hurdle the next step would be to get the title to the property transferred into your name and the existing mortgage along with it.

 

The main issue here is that N/Rock are not obliged to let you pick up the existing arrangement and may want you to start from scratch and take a new mortgage, with the associated fees valuations etc.

I think you need to take professional advice about how to move this forward as you have some issues to overcome, which could work for you if you meet the right people at N/Rock and remind them of the fact that you are aiming to ensure continuity for yourself and for them.

 

As I said, the first step has to be permission to deal directly with the lender. Without that, you're going to have major difficulties with moving forward.

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Many thanks rick

Sorry for the late reply, been on hols, you have been a great help

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any time, it's nice to know that studying for my CeMap wasn't wasted!

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