Repossession letter - ex not contributing to mortgage

[chrisaxe21]

Hi all,

 

I have been waiting for the day my mortgage lender actually pulls their finger out and takes to court the fact that I'm underpaying into the mortgage and arrears are building up.

 

The ex, other name on the mortgage, decided to stop paying into the mortgage a few months after she left the property, breaching the contract with myself and the mortgage lender.

 

I have had an assessment on my finances and have proven why I can only pay a certain amount, and simply cannot afford the full repayment amount on my own. The ex owes about £15,000 in missed payments now. She declared herself bankrupt to get out of anything to do with the mortgage, not realising she still has a legal entitlement.

 

I have requested an extension of the mortgage term to bring the mortgage payments down, request to have it changed to interest only, again to bring the monthly payments down, but as the lender needs 2 signatures the ex refused to do anything. I've also tried to sell the house since 2008 with over 50 viewings, and nothing.

 

I want this to go to court so the house is either taken away and I can walk away from the mortgage, or the ex will have the court decide to ensure she pays back into the mortgage.

 

There is about £5k of arrears now. I continue to pay every month what I can and the lender knows this. They don't care the ex doesn't pay...in their words 'we don't get involved in 3rd party disputes', as long as someone is paying.

 

What will happen in court? What happens if she doesn't show up?

 

Thanks

 

Chris

[citizenB]

Have you actually got a court date?

[chrisaxe21]

Hi

 

Not yet. Just a letter from the lender saying they've contacted the solicitor to progress with a court hearing.

 

Could be an empty threat of course

 

Chris

[citizenB]

Yes, it could be.. we see a lot of "threats" around the christmas period.. which is a bit spiteful IMHO. However, I guess it is always best to be prepared. Make sure you have records of any phone calls, or face to face communications you have had with your Mortgage provider in respect of your trying to obtain some form of forbearance.

 

Having advised them of your situation, they should have been looking to help you in some way. My understanding is that your mortgage is a repayment mortgage rather than interest supported by an endowment, please correct me if I am wrong.

 

If a repayment, then I think they could offer an interest only solution for a period of time, whilst extending the term of the mortgage period - taking into consideration your age.

 

TBH, I am not certain how you go about engaging your ex as she appears to be a block on most solutions your Mortgage provider could offer.

 

Was there no restriction put on the property when your ex declared herself bankrupt! Surely she should have been expected to pay something toward the mortgage as it is a debt! I simply dont know enough about bankruptcy to offer any advice on that.

 

I would say the only way you could force this into court would be to just stop paying anything toward the mortgage..

 

I will flag your thread for advice from the site team, see if they have any ideas.

[stu007]

Hi chrisaxe21

 

URGENT!!!

 

I assume the mortgage is joint and that your ex had the joint mortgage at the time of her being made Bankrupt?

 

If so has your ex declared the mortgage of the property as joint mortgage to the trustee of her Bankruptcy as she should have.

 

If not you need to find out who her trustee in Bankruptcy is as a matter of urgency so that you can declare an interest in the property as the mortgage is joint and you are paying half the mortgage. (Also if she had declared this to the trustees of her bankruptcy they should have written to yourself to confirm this is the case).

 

This way you can also ask the Trustee in Bankrupty for a letter to you mortgage company to confirm her Bankruptcy.

 

Insovlency Service link: www.insolvency.gov.uk/