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Can my mortgage company force a transfer of ownership to avoid repossession?!

  •  Sat, Jan 10 2009, 4:25 PM

    Can my mortgage company force a transfer of ownership to avoid repossession?!

    I will try and cut a long story short!!

    My partner is having problems getting his ex out of his previous home. They have a joint mortgage, and since they split up 18 months ago he has paid the mortgage while she has been living there on her own. The house has been up for sale but in this climate it has not sold. She refused to pay any of the mortgage so he stopped the payments in October 2008. He has asked her to sign the house over to him but she will not do this (out of spite more than anything!). He is very willing to clear the arrears and take over the mortgage payments, but if he does this now it means she will not leave the house. The only way she will leave is if it is repossessed. She has even had the locks changed so he cannot enter his own home anymore.

    Can anyone offer any advice? She has happy to be left in debt and have a CCJ against her name rather than sign the house over so we are at a loss. Can the mortgage company force her out if he is willing to clear the arrears and carry on regular payments? Or could he buy the house back when it is repossessed withou incurring a CCJ?

    Any help or advice would be greatly appreciated!!

    Many thanks in advance.

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