Author Topic: Repossession letter - ex not contributing to mortgage  (Read 835 times)

chrisaxe21

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Repossession letter - ex not contributing to mortgage
« on: Dec 24, 2011, 03:34:22 PM »

Hi all,


I have been waiting for the day my mortgage lender actually pulls their finger out and takes to court the fact that I'm underpaying into the mortgage and arrears are building up.


The ex, other name on the mortgage, decided to stop paying into the mortgage a few months after she left the property, breaching the contract with myself and the mortgage lender.


I have had an assessment on my finances and have proven why I can only pay a certain amount, and simply cannot afford the full repayment amount on my own. The ex owes about £15,000 in missed payments now. She declared herself bankrupt to get out of anything to do with the mortgage, not realising she still has a legal entitlement.


I have requested an extension of the mortgage term to bring the mortgage payments down, request to have it changed to interest only, again to bring the monthly payments down, but as the lender needs 2 signatures the ex refused to do anything. I've also tried to sell the house since 2008 with over 50 viewings, and nothing.


I want this to go to court so the house is either taken away and I can walk away from the mortgage, or the ex will have the court decide to ensure she pays back into the mortgage.


There is about £5k of arrears now. I continue to pay every month what I can and the lender knows this. They don't care the ex doesn't pay...in their words 'we don't get involved in 3rd party disputes', as long as someone is paying.


What will happen in court? What happens if she doesn't show up?


Thanks


Chris

James Falla

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Re: Repossession letter - ex not contributing to mortgage
« Reply #1 on: Jan 04, 2012, 12:06:03 PM »
Hi there Chris
 
As it is not my field I am not able to give legal advice on personal desputes, however unfortunately I think there is very little hope that you will be able to legaly force your ex to start paying her share of the mortgage again. If you cannot afford to maintain the mortgage payments on your own then I am afraid that the best advice I can give you is either go to court to get an order to allow you to sell the house without your ex's agreement or failing that stop paying the mortgage all together and allow the mortgage lender to repossess the property.
 
It is also important for you to understand that given your ex has already declared herself bankrupt, she will NOT be liable for any shortfall on the mortgage if and when the property is sold. Given the mortgage debt was in place on the date she went bankrupt, the shortfall is treated as a contingent debt and is simply dealt with in her bankruptcy estate (even if she has already been discharged). As such the mortgage lender will chase you for the full amount of the shortfall which you will need to make arrangements to repay or posibly decide to deal with by doing either an IVA or declaring bankruptcy yourself.
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