Ex has increased the mortgage without me knowing

[Pof2305]

Hi all,

 

I wonder if anyone can help.

 

Today I have found out that my ex who we split 4 years ago but still have a joint mortgage on the old property we shared has increased the mortgage to include the arrears he is in.

 

I do not contribute to the house in return he doesn't pay anything for the children. I am livid, is it my understanding that this is some type of fraud because he would have to sign to increase the loan amount.

 

I am anxious as I want to get my name off the house but he keeps telling me that in 12 months it will be fine. I really fear that my credit rating will be effected by this in the future. My understanding is we are both jointly responsible for the debt.

 

Any legal advice would be appreciated

 

Yours

 

Marie

[obiter dictum]

If the Mortgage is in joint names how can he increase it without your consent and signature??

[Pof2305]

This is exactly what I need to know my legal position on, he's offered this to me when I told him I was going to call the mortgage company to get my name removed as I know what he's saying is rubbish. Just really need the legal position on who to remove my name and also is this a fraudulent and what will happen

 

Many thanks for your reply

 

Marie

[AndyOrch]

Think you may struggle to remove yourself from a Mortgage...its not as simple as asking them to take your name off.....as the debt is joint and several....until such time its paid and cleared....you are liable...including the increase 2nd Mortgage .The debt can be remortgaged and cleared in his name only.

 

As for your other problem ......both signatures would be required...and that's what they must of had!!!!

 

Regards

 

Andy

[reallymadwoman]

If the mortgage has been increased without your knowledge then it is possible that your ex has forged your signature for example.

 

The easiest way to find out what has happened without alerting the mortgage company may be to do a subject access request (there is a template in the library which you can adapt to suit) which should show exactly how the increase was agreed. Once you know what has happened, then it will be time to decide what to do about it - it could be the mortgage company's error in which case I don't see how you could have any liability for the extra amount, for example. If you do then have proof that your ex has done something underhand, you will need to bear in mind the potential effect on the whole family of any decision you make.

 

If you haven't already done so, perhaps it's time to also get in writing exactly what each of you is liable for in terms of the joint property and child maintenance.

[SoggyMoggy]

To get your name off the mortgage you would need to both sign the forms consenting for you to do so. Your ex would also need to prove to the provider that he can afford the payments by himself, it would be just like he was applying for a single mortgage in his own name for the amount your mortgage is currently at. You would also need to get your name off the deeds etc using a solicitor. The whole thing is pretty much the same process as selling your house (without the estate agent), the costs would be similar too, for the solicitors and the mortgage provider.

[Pof2305]

Thanks for the replies, i am just getting worried as he has banned me from coming anywhere near the house and this was out of the blue. i asked to have my name off the mortgage and he said it would be for another 12 months if he continued to pay on time.

 

I am worried that if he has forged my signature what could happen, as you say it will have consequences on the family. How can he do this. he said he just asked to have the arrears added to the mortgage to reduce the amount of arrears and spread over the remaining term, is that possible. I take it credit agencies are notified of this.

 

can i apply in court to have this removed off my credit file if i prove them i moved out? we have divorce papers that state no financial help off each of us.

 

this is getting very worried about the future i just can't see how i could've been so naieve

 

Thanks for all the help

 

Marie x

[numbers666]

You need to SAR the mortgage company to get definitive information. As a party to the mortgage, it doesnt require both sigs and you don't need to tell him whgast you are doing.

 

Once you have information for sure then get 30 min free consultation with a solicitor.

 

If he has forged signature to obtain an advantage then that is criminal.

 

Don't beat yourself up over this and the naivety - you trusted someone, they let you down. What you do next, will put this right.

[unclebulgaria67]

Thanks for the replies, i am just getting worried as he has banned me from coming anywhere near the house and this was out of the blue. i asked to have my name off the mortgage and he said it would be for another 12 months if he continued to pay on time.

 

I am worried that if he has forged my signature what could happen, as you say it will have consequences on the family. How can he do this. he said he just asked to have the arrears added to the mortgage to reduce the amount of arrears and spread over the remaining term, is that possible. I take it credit agencies are notified of this.

 

can i apply in court to have this removed off my credit file if i prove them i moved out? we have divorce papers that state no financial help off each of us.

 

this is getting very worried about the future i just can't see how i could've been so naieve

 

Thanks for all the help

 

Marie x

 

The trouble with the subject access request is that they will want to send information to the mortgaged address and may not send to where you are living. You will need to register that you are living away from the mortgaged property.

 

If there is equity in the house which you would share in if the house was sold, you should not want to take any action that might make you worse off. I.e if the mortgage company were to find out issues which led to repossession, the costs of this might lead to loss of equity or negative equity debt. Such an issue might be fraudulent joint application to increase mortgage application, where he forged your signature. If this led to a situation, where he did not make payments, repossession might come about.

 

My advice would be to phone the mortgage company, explain that you are currently separated from Mr X and living away from the mortgaged property. That you need to be kept informed of the situation with the mortgage at all times and require copies of statements of account, plus all letters they issue to be sent to your address. Also ask to make a subject access request for all information on file and statement for the period you need them for. The mortgage company will ask you to send information required to confirm your identity and address where you wanting them to send mortgage information. Once this is done, you will then be in a more informed position.