Apologies if I am repeating, but can the bank actually write off this mortgage if it is held jointly with another person who is not bankrupt?
@Fliptzer - are the letters addressed to you or you AND your ex?
Just wondering if this is why it hasnt been finalised, and agree with Brendan that maybe the bank just doesnt have the systems to handle it. No help to the OP though!
Yes, letters still address to both of us at my address.
The whole writing off of a joint and several loan is a bit of weird. Bankruptcy severs joint and several liability, as well as, properties held as joint tenants into tenants in common. Therefore, the OR disclaims the bankrupts interest in the property (i.e.. disclaims the bankrupt's share of the property [tenants in common] and the bank follows up with the other joint owner [other tenant in common]).
Therefore, by extension, one should, in theory (lol) write off the bankrupt's 'share' of the loan.
The difficulty is finding a mechanism under the EC Regulations on bankruptcy, and Irish law, rules of court, etc. for enforcing a foreign bankruptcy by another member state in the secondary member state (within which the property was held), i.e. NI bankruptcy order enforced in Republic, concerning property held in the Republic. This is a legal minefield as, from my reading of the EC regulation 1346/2000 [sorry I can't paste link] is that its supposed to be automatic and if the bank wants to issue secondary proceedings in Irleand they are fully entitled to do so. BUT, arguably, once the matter is closed in the first member state (NI) then it's too late for them to come back and have a second bite of the cheery so to speak.
There used to be a process in which a UK bankrupt would apply to the Master of the High Court in the Republic for recognition of the bankruptcy order and discharge, etc. but that seems to have been replaced with Order 42A of the Rules of the Superior Court which are unbelievably difficult to understand as they relate to Brussels 1 & 2, 1346/2000, 1998 Irish Act of enforcing foreign judgments/orders (for temporary relief), etc. etc. etc.
The NI OR has told me that there are a huge number of Irish people who return back to the Republic only to be still hounded by the banks after their discharge.