Court order in relation to a mortgage not being followed

Urn

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Does anyone know where I stand or been in a similar situation in terms of there being a court order for my ex husband to pay a mortgage that is solely in my name and whether or not the Financial Institution can chase me for that debt. They are threatening legal proceedings against me but when if they bring me into court I have an order from the President of the Circuit court that my ex husband pay the apartment mortgage that is held in my name and that i pay the home mortgage which is held in both name and we both sign away all beneficial interest in the respective properties.

I have honored the court order and paid everything i have legally been told to but my ex husband ran up arrears on the apartment mortgage, sold it in negative equity and now I have been chased and hounded for the debt he built up of circa €50,000 which comprises arrears where he didn't apply the rent to the mortgage, interest on arrears, negative equity, his solicitors fees and costs in relation to him selling the apartment.

I can't understand why I am being held responsible for this when a court has ordered my ex husband at the time of judicial separation in Nov 2013 and Divorce in June 2015 responsible for the mortgage.

Am i supposed to obey the financial institute or obey the law? I can't find anyone who can answer this for me and its a complete nightmare trying to deal with this. And are EBS allowed to completely disregard an order of the circuit court?
 
You have a mortgage in your name.
Therefore you owe the money to the bank.

The court can order Tom, Dick or Harry to pay that mortgage, but you still owe it and the bank is right to pursue you if they don't get their money. The bank has no claim at all against your husband if he is not named on the mortgage.

The court cannot absolve you of your obligation to the bank.

are EBS allowed to completely disregard an order of the circuit court?

No order was made against EBS. So they are not ignoring it.

It seems clear to me that you have a complaint against your ex, which you should take to the Circuit Court.

I can't find anyone who can answer this for me

What astonishes me is that your solicitor did not explain this to you? Surely the bank has also explained it to you?


Brendan
 
we both sign away all beneficial interest in the respective properties
I presume this was adhered to and you have a copy of it ? If so I would either show that to the bank or generally ignore them as they may be just fishing in the hope you pay. Either way I think you need a legal professional here. Can you get in touch with your legal team through the divorce ?
 
But EBS dealt with my ex to agree to the sale in 2015. I have only now come across some of the communication EBS and ex had and he cited Cancer and Cancer treatments and the stress I had been through with all of that and Divorce as a reason for the sale. To which they wrote back to him and confirmed the sale could go ahead but that i would be liable for €438 a month for 14 years. After he received that letter he never paid a penny more off the mortgage. So while EBS hold me liable they did all the negotiating with him. I received a consent to sale letter which i had to sign in accordance with court order so i did even though i had set out to my ex and solicitor that the apartment could be maintained at a cost of €100 a month and that he would have an asset. I also told EBS that it made no financial sense to sell. The only reason I came across this correspondence with EBS is that my ex has halved child maintenance and so we are back to court for that and he submitted his communication with EBS with his vouching documentation.
 
Hi Ciara

If the property was in your name and the mortgage was in your name, EBS should not have been discussing your mortgage with him, unless you signed a form giving him authority to deal with it on your behalf.

But it's clear that the loan is in your name and the court cannot change that.

Your solicitor should have told you all that at the time.

Brendan
 
His solicitor requested I sign the form as I was in and out of hospital and EBS arrears unit were calling me and chasing me. I signed the form for him to deal with them in relation to the monthly arrears.

I am already paying them a huge mortgage for the home which is in his name also. Is there anyway his name could be put on the apartment mortgage alongside mine so they can deal with him?
 
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