charge on my property thru convicted Fraud my ex - very confused

[lesley6locke]

I'm really at kind of a loss at where to turn to on this matter .

And have sought as advice from various places and

 

had some very confusing answers as to where I stand legally in regards to a charge from black horse finance against my home.

 

About 9 years ago I split with my ex partner ,

after the break up I remained with my two children in our home .

 

A few months after the break up I received a loan application copy

as I read through the document I noticed that my signature had be forged to obtain a £12k loan and

the loan was in mine and my ex partners name .

 

Alarm bells began to ring and

 

I contacted black horse finance and asked as about the loan n

 

told them I did not sign the agreement and

I had nothing to do with the loan .

 

I was fobbed off .

 

I asked my ex about the loan and was told nothing .

 

That's when the default letters began to arrive in my name as nd my ex partners name

 

I was advised to call the police who accused my partner of fraud.

 

Then my ex did a vanishing act and would not communicate with .

 

I found out that black horse took my partner to court and he was convicted of fraud .

 

I Cannot seem to find much else out about the court case or what happened.

Just that my name had been removed from the debt.

 

we get to the present day and due to a an over crowded home I was looking into selling the property

as I cannot seem to talk to my ex

 

I requested a copy of the land registry and noticed a charge on the property from black horse Ltd

this was placed on the property due to a court judgement.

 

The last default letter from black horse was for £26k and that was in 2005

 

I am really worried as I have been informed by black horse that when the house is sold

the original mortgage

the one I have been paying for 8years will be paid off ,

 

after that black horse will take their money and

 

whatever is remaining will be given to me and the kids ,

 

here is the problem

I don't know how much the charge is now

 

I have since been told that court costs were added an

 

I am sure there will not be enough equity to pay the mortgage and the debt.

 

It seems to me that I am being punished for my ex partners actions and

 

he gets a slap on the wrist and I have spent th e past 8 years paying off his debt.

 

I have tried to get information about the charge but as it is my partners debt black horse will not discuss this with me.

 

Is this the case can black horse get the money my ex owes from my share of the equity.

 

Any advice would be greatly appreciated

[Crapstone]

Black Horse should only be able to take money from your ex's beneficial interest in the property. What that is depends on how your mortgage arrangements were made and what you have put into the property and what's on paper. You don't say what arrangements were made when they left or who owned what to start with so that's a bit tricky unless it's made clear.

 

 

To contest it you need to have the judgment looked at by the court and set aside as you, as an interested party, were not informed at the time. I would suggest you send Black Horse a SAR based on the fraudulent use of your name and the property address. Anything they have should be sent to you.

 

It seems as though you took out a joint mortgage and so it was assumed 50/50 but now you need to change it to tenants in common to reflect his true share and stop them taking any of your equity and to protect your share.

 

Hopefully someone will be along to help you a bit better than I can but it's a start.