Long story ....
Council Affordable morgtage 2008 with ex partner, I made all payments
Ex left July 2010 having never made a payment ... refused to pay her share after leaving
Met with Council to try and remove ex, they refused
I continued to make payments in full circa €950/month
Dec 2010 I missed a payment.
Jan 2011 - Mar 2011 made payments
Apr 2011 ran into financial difficulty and stopped making payments.
No communication from Council until Jan 2012 regarding arrears
Made another attempt to have morgtage in my name but refused.
Payments still not made as an attempt to force issue.
No communication regarding arrears from Council until Jan 2013
Another attempt made to get morgtage in my name but refused again.
July 2013 received notification that proceedings were to be taken to repossess with a court date in Sept. I wrote back saying I was moving out.
July 2013 moved out but court date passed with nothing from Council.
Oct 2014 Council wrote again looking for arrears.
I engaged again and eventually entered MARP with an agreement that if I made specic payments equal to full morgtage payment for a year to prove that I can afford morgtage in my own name they would consider removing ex.
It was 2015 before this was all agreed but in the mean time arrears were significant circa €56k.
Not looking for excuses but Council took up to a year in each case to ask about arrears during which time they did not entertain my offer to take morgtage in my name. I replied to every single letter I received and got a solicitor to write to them also. They never replied to my solicitor other than to send a statement of arrears.
May 2015 got married, moved in with my wife and rented out the house to help with payments. Rental income before tax €850, MARP payments €958.
Arrears now down to circa €40k but Council now say that ex wants house repossessed and will not remover her from morgtage. They said they would review it if I got her off folio but my advice has been that she would be foolish to come off folio without guarantee of coming off morgtage. She is now living out of the juristiction so I am getting full liability.
Council want me to either pay off arrears in full or sell house and pay difference. I cannot afford either.
Negative equity probably circa €50k.
I can afford to make the €958 payment indefinitely but Council insist that a new plan must be in place in 12 months to pay off arrears or house must be sold or reposessed. They will not restructure the morgtage to take arrears into account.
I cannot countenance paying off any more arrears while ex remains on deeds and potential for her to move in/force sale can occur despite having made no payment whatsoever.
What can I do at this stage?
Council Affordable morgtage 2008 with ex partner, I made all payments
Ex left July 2010 having never made a payment ... refused to pay her share after leaving
Met with Council to try and remove ex, they refused
I continued to make payments in full circa €950/month
Dec 2010 I missed a payment.
Jan 2011 - Mar 2011 made payments
Apr 2011 ran into financial difficulty and stopped making payments.
No communication from Council until Jan 2012 regarding arrears
Made another attempt to have morgtage in my name but refused.
Payments still not made as an attempt to force issue.
No communication regarding arrears from Council until Jan 2013
Another attempt made to get morgtage in my name but refused again.
July 2013 received notification that proceedings were to be taken to repossess with a court date in Sept. I wrote back saying I was moving out.
July 2013 moved out but court date passed with nothing from Council.
Oct 2014 Council wrote again looking for arrears.
I engaged again and eventually entered MARP with an agreement that if I made specic payments equal to full morgtage payment for a year to prove that I can afford morgtage in my own name they would consider removing ex.
It was 2015 before this was all agreed but in the mean time arrears were significant circa €56k.
Not looking for excuses but Council took up to a year in each case to ask about arrears during which time they did not entertain my offer to take morgtage in my name. I replied to every single letter I received and got a solicitor to write to them also. They never replied to my solicitor other than to send a statement of arrears.
May 2015 got married, moved in with my wife and rented out the house to help with payments. Rental income before tax €850, MARP payments €958.
Arrears now down to circa €40k but Council now say that ex wants house repossessed and will not remover her from morgtage. They said they would review it if I got her off folio but my advice has been that she would be foolish to come off folio without guarantee of coming off morgtage. She is now living out of the juristiction so I am getting full liability.
Council want me to either pay off arrears in full or sell house and pay difference. I cannot afford either.
Negative equity probably circa €50k.
I can afford to make the €958 payment indefinitely but Council insist that a new plan must be in place in 12 months to pay off arrears or house must be sold or reposessed. They will not restructure the morgtage to take arrears into account.
I cannot countenance paying off any more arrears while ex remains on deeds and potential for her to move in/force sale can occur despite having made no payment whatsoever.
What can I do at this stage?