Ex abroad - Authority signed

cassi

Registered User
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Hi, bought a house in 2007 with ex boyfriend. The relationship split. He went abroad & stopped paying his half of the mortgage.

Becauseof this it fell into arrears. I can't sustain the total mortgage repayment on my wage. It is a tracker mortgage.

I am on interest only but being reviewed on a 3 monthly bais.The bank are fully aware of the circumstances. I received notification that my ex has signed an Authority to release the title deeds of the house to my solicitor. (i cannot afford my solicitor at present) I believe a copy of this authority was sent to the bank also.

I am living in this house and it is my home. I am not in a position to sell at present. I was considering asking the bank to facilitate me with a mortgage on my own as i would like to keep the house. The house is in negative equity and i will end up owing a large sum and have no house to show for it if it is sold.

I am aware that i am jointly & severally liable for the total amount of the mortgage owing if the ex dosent pay anything. Is there a way around this for me? Could you tell me with the title deeds released by him does this open an avenue for me to keep the property etc

suggestions much appreciated
thanks in advance!
 
Hi Cassi,

So the bank allowed you to change your payment terms i.e. go interest only without your ex's signature on the forms? Interesting.

I suggest you contact the bank and clarify the position of the title deeds at present. It sounds like currently the deeds are fully in your name, your ex has been removed from them, but his name is still on the mortgage. But you need them to clarify that.

If that is the case, then I guess eventually when you have paid off the mortgage, the house will belong to you alone - but ask the bank to confirm that also. There is probably a point at which they will allow his name to come off for example when the house has built up some equity or worth, maybe you don't have to wait til the mortgage is fully paid off?
 
I read it that the ex is still on the deeds and mortgage but has consented to the sale of the house or presumably the sale of his part of the house to the OP.

It is nothing to do with the bank who owns the house once the mortgage is paid off.
 
Hi Lacuma & Mrs Vimes, thank you both for your replies. Mrs Vimes you are correct. He has consented to the sale of the property. It still leaves me backed into the corner. The bank as of todays date want me to repay a monthly repayment reducing the balance. The ex has failed to submit any details on his financial statement and is not cooperating with the bank hence they are now again back to me wanting a sum every month on the reducing balance and the ex after 4 years can walk back into the house and not paid a penny?!! I have cooperated with them fully submitted everything I have and the amount they want me to pay is out of my reach financially.
The bank acknowledge the have been unable to engage with the ex and will accept documents signed by me changing the terms however we both remain jointly and severally responsible for any outstanding balance. It appears they are not trying very hard to contact the ex.
I'm saving for a solicitor but am lost at this stage would any of you have any idea what direction to go legally to get out of this mess. Can I also check if he has a solicitor isn't it up to his solicitor to negotiate with the bank for his behalf?! my old solicitor told me I had to contact the bank and get the bank to contact his solicitor?! The bank told me it wasn't up to them to contact his solicitor!!
annoyed & troubled
thanking you again in advance
Cassi
 
So your ex is willing to 'sell' his half to you, but you don't have the money to buy his half?
If you can't afford even a tracker mortgage then it sounds like you simply can't afford your hone. If that is the case either the bank has to restructure the loan for you i.e. stretch it out over a much longer period so the monthly repayments reduce to something you can afford or else you will have to sell I guess? At least if you have nothing (no savings or other assets?) the bank can't pursue you for the full amount of the negative equity. They will have to try and chase him or him for it or write some of it off
Btw I know you said it's your home you don't want to sell, but if you can't afford it, you can't afford it
 
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