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urgent advice needed!! (need name off mortgage after break up)

Last post Fri, Apr 13 2012, 10:19 PM by huckster. 2 replies.
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  •  Fri, Apr 13 2012, 10:19 PM

    Re: urgent advice needed!! (need name off mortgage after break up)

    She needs to see a solicitor. As the mortgage company might have a problem with her being taken off the mortgage, she might need to go to court, to get her name removed. If there is a current problem with the mortgage repayments, with the possibility of a debt being left behind, if the house is subject to repossession, the mortgage company might not be willing to remove her. She is still subject to the mortgage contract and therefore is responsible for any debt, jointly with her ex. As the circumstances have changed, there may be some form of court process that enables her to be removed from the mortgage contract.

    It might cost your friend a bit in legal fees, but if the house is repossessed and then sold at auction, there could be a debt of many thousands.

    It may be a good idea for your friend to get hold of her credit report to see what loans are against her name. If there are other debts, then she might also want to get advice about them as well.

    Many solicitors will provide an initial half hours consultation free of charge and her local citizens advice many have details.

    • Post Points: 5
  •  Fri, Apr 13 2012, 10:19 PM

    Re: urgent advice needed!! (need name off mortgage after break up)

    Unfortunately a lender is extremely unlikely to replace the current mortgage with one in the ex's name unless he has a resonable credit history and a suitable salary. If the ex has someone suitable who will act as guarantor, then there is a good chance otherwise the options are to either leave things as they are or sell the property. It is likely to be better to sell the property than to wait for repossession but it would be worthwhile taking legal advice and/or involving a mediator.

    There is some useful information here.

    http://www.direct.gov.uk/en/Governmentcitizensandrights/Divorceseparationandrelationshipbreakdown/Moneypropertyandpossessionswhenyourrelationshipends/Ifyourenotmarriedorinacivilpartnership/DG_193775

    • Post Points: 5
  •  Fri, Apr 13 2012, 9:02 PM

    urgent advice needed!! (need name off mortgage after break up)

    Hi all Really need some help for my friend she recently broke up with her ex about 1 year ago, they agreed that she would pay the loans ( he had bad credit so took them out for him in her name, big mistake i know) and he would carry on to pay the mortgage and live in the house (she wanted out at all costs even left all her stuff in the house) the problem being he has since defaulted on the mortgage more than once or is paying less than the mininum. the house has no equity so cant sell which would leave her in more debt and she is already in so much debt because of him. the question being is there any way to get her name straight off the mortgage (this includes all ties case it gets reposessed)? oh he has also married since then a girl from abroad who is pregnant and living with him. does this change anything or can this help her get name of mortgage? All help gratefully welcome
    • Post Points: 35