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