Case study Success! Got my non-cooperating ex off the deeds and mortgag with ptsb

Just wanted to give an update on my situation. I have been successful in the transfer of the house (deeds and mortgage) into my sole name. Firstly in order to get my ex to play ball, based on advice given here I stopped paying the mortgage in full. I wrote to the bank in advance of my intention to do this.

They replied with a lengthy form they wanted me to fill out (my means etc) totally missing the point.

I cancelled the direct debits and set up a manual transfer into the mortgage and only transferred the rent I received into the mortgage and no more.

The mortgage fell into arrears immediately. The bank started ringing me. I supplied them with the phone number of the other person on the mortgage and told them to contact her if they wanted the rest of the money. So they did. After she received a few phonecalls from the bank I got a letter from her solicitor saying she was willing to come off the mortgage or sell. So that was one hurdle down, the next one was the bank.

I had to offer to pay off the negative equity before they would allow the transfer of the house into my name. I made the payment as part of the transfer. It was treated like a sale so it attracted stamp duty. I had to engage a solicitor and so did my ex. The whole thing took 11 months from when she agreed to come off it. In actual fact the house is almost no longer in negative equity now but I still had to pay the amount agreed to the bank if I wanted the transfer to go through.

My mortgage comprises of 2 loans, one a tracker and one not. They bank allowed me to pay the money off the non-tracker part of the loan which was great. Best of luck to others in the same situation.
 
Lucuma said:
After she received a few phonecalls from the bank I got a letter from her solicitor saying she was willing to come off the mortgage or sell.

.
Click to expand...

Clever clever clever, there's another poster on here today who ought to read what you did. Well done on all fronts, sorting ex to be taken out of title, getting bank to play ball, having the cash to help the bank with it's decision, and now you have a house nearly out of NE.

Bravo and thanks for coming back to us with your result.

Your story is a lesson to others, sitting on your hands and doing nothing will not sort out your financial mess, you have to be proactive and play the game.
 
Also a lesson that the bank's will do nothing until you rattle their cage. Well done, OP, for grasping that nettle (and BB for calling it out as the only option).
 
Lucuma

That is great news and it will be a big help to others.

I have summarised the thread in the first post (and deleted a lot of the off topic posts) to make it easier to follow.

Have I summarised it correctly?

A few questions

1) When she applied for a maintenance order, I presume that there was no mention of the property? Could the judge have awarded you the house and mortgage at that stage?

2) How much did you have to pay the bank?

3) Which bank was it?
 
1. The maintenance order hearing was heard in the family court and the hearing dealt with maintenance only. The house was mentioned insofar as it affected our monthly income and expenditure which we had to provide as part of the calculation of maintenance. So no the judge could not have awarded anything to do with the house at that hearing.

2. 85k (this was the neg eq at one stage, but to be honest I think I could have got away with paying less if I had negotiated with them but I just wanted this mess over with)

3. PTSB
 
You must log in or register to reply here.
Back
Top