Having an ex removed from joint mortgage after 8 yrs without any contact - Mortgage Questions

[grak444]

Hello, I seperated from an ex partner in 2005 who moved out of our jointly mortgaged house at her own free will. I did pay her the sum of £6K at the time as recompense (balanced on credit card) however this wasn't formally documented with Solicitors.

 

During the time we were together, I paid the mortgage directly myself out of my own bank account (and also have the mortgage with the same Bank). Since 2005, and the split with her, I have kept up the mortage payments solely on my own and have never defaulted on any payment with them. I have had no contact whatsoever from my ex with regards to any form of payment towards the mortgage.

 

I am now in the situation of meeting someone else and wish to pursue the fact of wanting to have the ex removed from the mortgage deeds and transfer the mortgage across to my name soley.

Since not having contact, nor knowing where she lives or having current contact information, I have no means to trace her to request that she formally signs across the mortgage to myself through the Bank (again, this being 8 yrs ago now).

 

I am in the unfortunate position of having credit card payment defaults against my credit score following the break up we had and a subsequent small business failing (and likely to result in a CCJ being issued against me).

 

I would appreciate any advice initially of where I could potentially stand with my current bank who the mortgage is with (and whether they would allow me to take over the mortgage solely in the situation of my adverse credit position). The house is valued at 105K with £68K remaining on the mortgage. I am in the situation of being able to afford the mortgage solely under "normal mortgage application rules" but again this would depend on the bank of which i've had an exemplary record with.

 

I would appreciate any advice that could be given on such a matter and thankyou in advance.

[debrajane]

I need help my brother can only get a £53,000 mortgage but seen a house for £73,000, I was thinking of goin joint but only have a smaller share when I sell the house we our living in, how long wouldI have to be on the mortgage before I come out of the joint agreement thats even if I can come out of the agreement, in a couple of years I want to buy with my boyfriend so don't want to get tired in to long with this mortgage, am just tryin to think of idea's we have got really bad neighbors and have been putting up with it for years, we really need to get out of where we r living, if anyone can help I would really appreciate it thank you

Edited February 18, 2013 by debrajane

[grak444]

Hello, I seperated from an ex partner in 2005 who moved out of our jointly mortgaged house at her own free will. I did pay her the sum of £6K at the time as recompense (balanced on credit card) however this wasn't formally documented with Solicitors.

 

During the time we were together, I paid the mortgage directly myself out of my own bank account (and also have the mortgage with the same Bank). Since 2005, and the split with her, I have kept up the mortage payments solely on my own and have never defaulted on any payment with them. I have had no contact whatsoever from my ex with regards to any form of payment towards the mortgage.

 

I am now in the situation of meeting someone else and wish to pursue the fact of wanting to have the ex removed from the mortgage deeds and transfer the mortgage across to my name soley.

Since not having contact, nor knowing where she lives or having current contact information, I have no means to trace her to request that she formally signs across the mortgage to myself through the Bank (again, this being 8 yrs ago now).

 

I am in the unfortunate position of having credit card payment defaults against my credit score following the break up we had and a subsequent small business failing (and likely to result in a CCJ being issued against me).

 

I would appreciate any advice initially of where I could potentially stand with my current bank who the mortgage is with (and whether they would allow me to take over the mortgage solely in the situation of my adverse credit position). The house is valued at 105K with £68K remaining on the mortgage. I am in the situation of being able to afford the mortgage solely under "normal mortgage application rules" but again this would depend on the bank of which i've had an exemplary record with.

 

I would appreciate any advice that could be given on such a matter and thankyou in advance.

 

 

Any responses would be greatfully received as in what direction to take in this situation.

 

Regards

[sirbob10]

Hi

 

I have a friend going through something similar.

 

Her ex wants to be removed from the mortgage so he can get a joint mortgage with his new wife but she has been told the only way is to re-mortgage but in her name only. So I would assume it would be the same for you but as you say with your credit history and how strict banks are at the moment you may struggle with a re-mortgage.

 

You may have to try and find a lender who will do a re-mortgage with your history but you may find you'll pay a highter interest rate.

 

When me and my husband were trying for a mortgage and had previous paid off debts but still showed on our credit file we used a mortgage broker but they didn't charge us any high fees but we still had to pay a slightly higher interest rate.

 

Hope this helps

[grak444]

Thanks,

 

The situation I have is that we haven't spoken for an approx. 8 years now and have no contact with her since she moved away from the area. There's been no attempt in her contacting me or speaking to the bank directly herself to see how she can have herself removed from the mortgage (if indeed she might want to apply with her other half).

 

Does anyone know if there are any legal timeframes involved in attempting to track down a person who is legally attached to a mortgage or any form of court action that can be applied for in an attempt to removed from deeds legally?

 

Many Thanks in Advance.

[Stillborn Crisps]

A friend of mine had a similar experience to what sirbob10 describes, and had to remortgage. Have you tried just phoning up your lender and asking informally? It can't hurt.

 

As far as length of time without contact, I don't think it makes much difference. You are still both responsible for the mortgage. Again, probably best to ask your lender, yours won't be the first case like this they've had, I'm sure.

[grak444]

Thanks for your inputs, however as the ex partner's name is still on the deeds, it's very unlikely that I'd be allowed to re-mortgage without her consent of which I don't have control over.

[Peacock25]

Thanks for your inputs, however as the ex partner's name is still on the deeds, it's very unlikely that I'd be allowed to re-mortgage without her consent of which I don't have control over.

 

I have been in a similar situation recently, except I was trying to contact my ex to have my name removed or sell the property. It has been over 6 year since I last lived in the property and I have recently married meaning I would like my own mortgage with my husband in the near future. Unfortunately my ex ha lived out of the property and nobody even family knew where he was or had contact with him. Following failed solicitor letters my solicitor advised me to use a tracing agent to try to find him. This was necessary before any court action could be attempted. They work on a no find no fee basis, but be wary of going through your solicitor for this as mine quoted £300 an I have found the average to be around £100, with some as low as £45! They usually only need full name DOB and a last known address to go by. In terms of legal action the only option I am aware of is to apply to the court for an order of sale-I don't know if it is possible to ask the court to force a transfer of equity. In any case in order to take court action you need to show you have taken 'all reasonable steps' to locate the individual in order to serve court papers an for them to receive them. The judge will also want to see you have attempted or at least offered mediation or some other form of alternative dispute resolution. Sorry I can't give better news-I have been going through this recently and learning as much as I can on the options! Fortunately for me I managed to gain contact with my ex through sending and email to the old email address I had for him on the off chance and we are now looking either to sell or transfer equity. Good luck!