What happens if sale order is given?

H

Hope2divorce

Registered User
Messages
42
Posted here before about my situation. Going through a divorce, ex has not contributed to mortgage in over 6 years, I have been paying. Now ex wants home in neg equity sold. If a judge orders this, do I have to move out of property straight away or do I have till a sale is agreed? Are contents of home seized too? Any other advice would be greatly appreciated.
 
I honestly have no idea. They won't discuss it till it comes to court but I have a court date now and would love to be prepared. Obviously best outcome is that the judge sees the logic and allows me to keep the house but in the event he does not, I want to be fully prepared for this too.
 
You need to speak with the bank before you go to court.

On the downside, the banks are not necessarily happy having one name as security on a mortgage and may ask you for proof of income and income projections into the future even though you are to solely contributing to the mortgage. I presume you informed the bank six years ago that you were a sole contributor to the mortgage? If so this may help your case.

I have a friend who is in a similar situation and the bank refused to remove the ex's name off the mortgage. The only option was to have the ex's name removed from the deeds whilst the ex would sill be liable for the debt; this of course is a no-brainer.

I don't want to sound like I am prying but is it possible your ex could file for bankruptcy under the new legislation that will come into effect next year?
 
There is obviously more to this case than issues affecting the divorce. i.e. Any divorce or separation issues would be completely separate from bank proceedings for reposession.
If the matter has progressed as far as a Court date, it is likely that all MARP and other potential remedies have been put to the parties without a satisfactory resolution being reached. Do you have a solicitor acting for you? If not you should get one. Unless you are either represented in Court or represent yourself, the Bank will most likely be granted a posession order. In that instance, the Bank will re-posess the property after the stay period granted. Furniture etc will still remain your property. The worst thing you can do is to do nothing. Make sure that you are properly prepared for the Court process and if at all possible appoint a solicitor.
 
similar situation - but i went into bank and met mortgage lender - went thro all figures and they advised that i would be able to take over mortgage........ not sure why they won't speak to you....
 
Gardener said:
You need to speak with the bank before you go to court.

On the downside, the banks are not necessarily happy having one name as security on a mortgage and may ask you for proof of income and income projections into the future even though you are to solely contributing to the mortgage. I presume you informed the bank six years ago that you were a sole contributor to the mortgage? If so this may help your case.

I have a friend who is in a similar situation and the bank refused to remove the ex's name off the mortgage. The only option was to have the ex's name removed from the deeds whilst the ex would sill be liable for the debt; this of course is a no-brainer.

I don't want to sound like I am prying but is it possible your ex could file for bankruptcy under the new legislation that will come into effect next year?
Click to expand...

Oh the banks have been dealing with me since he left on this. They are aware that I am trying to get his name off the deeds (he was agreeable to this but has now changed his mind and wants house sold instead). All monies paid have come straight from my bank account and they know he has never paid a thing. They just keep fobbing me off with 'just keep paying the way you are' bla bla bla. Never give me a straight answer. It is just up to the judge at this stage once divorce is granted whether he will decide to make me sell or allow me to keep my home.

He has a stable job and has kids in Ireland that he won't leave (not mine) so if the house is to be sold, it will be me that has to file for bankruptcy :(
 
44brendan said:
There is obviously more to this case than issues affecting the divorce. i.e. Any divorce or separation issues would be completely separate from bank proceedings for reposession.
If the matter has progressed as far as a Court date, it is likely that all MARP and other potential remedies have been put to the parties without a satisfactory resolution being reached. Do you have a solicitor acting for you? If not you should get one. Unless you are either represented in Court or represent yourself, the Bank will most likely be granted a posession order. In that instance, the Bank will re-posess the property after the stay period granted. Furniture etc will still remain your property. The worst thing you can do is to do nothing. Make sure that you are properly prepared for the Court process and if at all possible appoint a solicitor.
Click to expand...

I have a solicitor. It is not the bank bringing us to court, I have been dealing with them on this for years, it is purely divorce proceedings whereby I want to keep the home and he has decided after all this time he wants it sold. He wants his name off the mortgage which is fair enough but the banks won't deal with him or me to say if they will allow this after his name is taken off deeds so now he just wants a sale. We both have solicitors, I also have a barrister. It is not a repossession and I have done everything in my power to keep this house from being repossessed all these years by paying the mortgage.
 
aoc said:
similar situation - but i went into bank and met mortgage lender - went thro all figures and they advised that i would be able to take over mortgage........ not sure why they won't speak to you....
Click to expand...

I have sent them financial statements but they wont talk to me unless they get his. He wanted a transfer of equity done last year but then refused to sign forms. He is not allowing the mortgage company know how much he earns etc despite all the information being on his afidavit of means. They just won't discuss it right now as obviously it is better to have us both on the mortgage despite the fact he won't even take their calls. I feel like I am a hamster in a wheel.
 
Oh my goodness all this money on solicitors and barristers.

Can you clarify something. Have you asked your bank in writing to allow the mortgage to be transferred into your name?

Does you ex have a good income and is he actually choosing not to pay the mortgage?

If the judge order a sale and the house is in NE then after the sale both you and he will still owe the NE. But if your ex has no money then it will be you that pays. Has your solicitor confirmed what will happen in court?

From the banks point of view, you've demonstrated that you can pay the mortgage and they are being plain stupid not allowing the transfer of mortgage to you. Have you pointed this out to them, in writing. Did you look at the post from a poster called FAY who managed to get a bank to agree to the mortgage transfer.
 
Bronte said:
Oh my goodness all this money on solicitors and barristers.

Can you clarify something. Have you asked your bank in writing to allow the mortgage to be transferred into your name?
I have asked time and again and told that 'it is something we can consider in the future' I.e if his name is off the deeds etc. Obviously he does not want this and I can understand why, so now he is pushing for a sale.

Does you ex have a good income and is he actually choosing not to pay the mortgage?
Yes he had more of an income than I and less expenses. He chose not to pay a cent since the day he moved out and I like an idiot thought it would work to my advantage to continue paying.

If the judge order a sale and the house is in NE then after the sale both you and he will still owe the NE. But if your ex has no money then it will be you that pays. Has your solicitor confirmed what will happen in court?
He has more money than I in savings/pension etc. If the sale goes through we have a massive joint and severally liable 'loan' to pay back. Solicitor 'hopes' I win but she of course cannot tell me 100% what a judge will decide on the day.

From the banks point of view, you've demonstrated that you can pay the mortgage and they are being plain stupid not allowing the transfer of mortgage to you. Have you pointed this out to them, in writing. Did you look at the post from a poster called FAY who managed to get a bank to agree to the mortgage transfer.
I will look at that now, thank you for highlighting it. I have mentioned it to the bank and they of course could not care less right now once they are getting paid. as of 2 weeks ago I have chosen to go interest only, not with their consent, but I am still paying at least that portion of the mortgage. It is not in my interests to pay more if it comes to court and home is to be sold. I am hoping that once they receive my letter to state I am only going interest only (have not yet posted same) that they may buck themselves up and have a proper look at what has been going on.
It just seems unfair to me, but that is life I guess :)
Click to expand...
 
If he want's the house sold off, won't he then owe you his half of the mortgage payments for the last 6 years? Do you have children together?
 
Given the problems you are encountering with the divorec issue, it is going to be extremely difficult to arrive at a solution where the property is kept in your name. This is difficult enough to achieve, with the co-operation of both parties and I can't see how it can work out in your own circumstances. Realistically, banks are very reluctant to relinquish the recourse to both parties, where a negative equity situation is evident, for obvious reasons.
I agree that things do appear to be unfair, but you need to take the more pragmatic view on how you can best get out of this. In all probability a sale of the house is thae best option. This is likely to take time & will require the approval of the Bank. Are you currently paying the full mortgage? If so you might need to re-assess your situation. grand if you can comfortably meet the payments, but you'll get no thanks if you are struggling, as both of you are fully jointly liable on any residual debt. this is where you will need to get a good negotiating solicitor to deal with the Bank & get a deal on the residual debt that you can cope with.
By the way, the Bank are not being "plain stupid" in transferring the mortgage into your sole name. It's no benefit to them to relinquish recourse to both parties.
 
terrysgirl33 said:
If he want's the house sold off, won't he then owe you his half of the mortgage payments for the last 6 years? Do you have children together?
Click to expand...

No children together thankfully. And no, sadly the bank see us as one entity once a mortgage is signed off so I will get no compensation for being the one who paid all this time.
 
44brendan said:
Given the problems you are encountering with the divorec issue, it is going to be extremely difficult to arrive at a solution where the property is kept in your name. This is difficult enough to achieve, with the co-operation of both parties and I can't see how it can work out in your own circumstances. Realistically, banks are very reluctant to relinquish the recourse to both parties, where a negative equity situation is evident, for obvious reasons.
I agree that things do appear to be unfair, but you need to take the more pragmatic view on how you can best get out of this. In all probability a sale of the house is thae best option. This is likely to take time & will require the approval of the Bank. Are you currently paying the full mortgage? If so you might need to re-assess your situation. grand if you can comfortably meet the payments, but you'll get no thanks if you are struggling, as both of you are fully jointly liable on any residual debt. this is where you will need to get a good negotiating solicitor to deal with the Bank & get a deal on the residual debt that you can cope with.
By the way, the Bank are not being "plain stupid" in transferring the mortgage into your sole name. It's no benefit to them to relinquish recourse to both parties.
Click to expand...

up till 2 weeks ago I was discharging the full amount plus some extras as we had some arrears some years back that I have not been able to clear and he has not contributed to. Once the letter of sale order came through I decided to find out how mcuh the interest portion was and that is all I am paying since plus some extra for the arrears.. well, that is the idea anyway. I have to post the letter stating same to the mortgage company today.

I do actually think the bank are silly not signing mortgage over to me. They know he won't even talk to them and in the event of a sale they will get nowhere near what they are owed. They can try come after us both for the money they will be owed out of a sale but he won't pay and in those circumstances I will have no choice but to look into bankruptcy in the UK myself.
 
So there are historical arrears that you have not managed to pay off. Your ex has money. And now you're paying interest only, without the banks agreement.

From the banks point of view they must think they will get something from you and your ex if they sell the house.

What makes you think your ex will not have to pay the bank the NE shortfall?
 
the bank are not the ones trying to get the sale though - my ex is! The bank are only being made aware by me via letter than he is trying to get a sale order. Can they stop the sale do you think? All I want is to keep my home. My ex can walk away from arrears and NE.

Not sure I understand what you mean by my ex paying the NE shortfall???
 
44brendan said:
By the way, the Bank are not being "plain stupid" in transferring the mortgage into your sole name. It's no benefit to them to relinquish recourse to both parties.
Click to expand...

Well surely it's silly if the OP has demonstrated for 6 years that she was willing and able to pay the mortgage.

Though in light of the fact that we now know the ex is a mark and that there are arrears it changes the story massively.
 
He won't give them a statement of means. He has completely and totally blanked every advance by them all these years. He won't give them anything bar his phone number and even at that they cannot get him to answer. Even his solicitor refused to speak to them last month.
 
You must log in or register to reply here.
Back
Top