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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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myself and my divorced husband owned two properties during

Customer Question

myself and my divorced husband owned two properties during our marriage, the court order approved stated that we could both take each others names off each of the homes we had agreed to keep and had each been living in for the entire duration of the split and divorcing period. I went to a solicitor to get his name taken off the deeds so did my bit...then he lost his job and said he now could not afford to pay the solicitors bills and therefore my name was still on the deeds of the house he was living in and always had been. He then stopped paying the mortgage and told the Mortgage company he had nothing so they are now coming to me and don't care that the situation is not of my fault and i had done my end to the best endeavors as per the court order. He has since left the property and now with his parents even though he now has a good job again but is still refusing to pay the mortgage and unsecured loan that is on that house. He also doesn't pay a thing for our son and the CSA are currently investigating him. he has moved away so the contact he had with his son is now every two weeks for a Friday and Saturday. The other mortgage company are now taking us to court but this is nothing to do with me and had it been a matter of literally 2 weeks when he had a job then this would have gone through and my name would have been off the house. I spent so much money that I am still paying back just to get divorced and to actually get a settlement that protected me from this very thing happening and now it has still happened I can afford a solicitor again to help me. I have been to Citizens Advice but they said it was too complicated to deal with and I needed to see a solicitor. I have my own mortgage, house bills, child care, school food and costs, car, fuel and solicitors debt to pay and just cant have this other property solely coming to me whilst he works full time, pays nothing to his house and now huge arrears and our son! Please can you give me any advise? The court date is due any day and then will have 28 days to pull a case together. I wonder if you know how this will be seen in court especially as I have proof he has set up a company in the last year and can see he is doing well from it.

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage/loan?
Clare
Customer: replied 2 years ago.

Hi Clare,


 


Can I just say he is a mortgage broker so I trusted him and he dealt with all this side of it which I now regret hugely.


 


Basically the house in question has a total debt of £278,461.62


This breaks down in three ways...


- Main Mortgage loan £205,000.00


-Then he took out an Further advanced on top £26,000.00


-Then an unsecured loan of £30,000.00


 


The current arrears on the main are now just over 10K


the current arrears on the unsecured load are £3,433.49


 


The house is worth about £220/230K to sell .


 


The interest rate is 4.78% on the main loan.


 


As I said our court order clearly stated that this was now to be his house and the other mine...I did as stated to the best of my endeavors but he has not. I feel like the mortgage company are negligible for not tracking nick down knowing he has a job and can pay his bills. He has not done what he canto the best of his endeavors as stated along with paying for his child but that is separate I know!


 


I have had some advice to resend my court order to the mortgage company, but I have done this once already only to receive back that this basically my responsibility either way I look at it.


Nick has told me he has not heard from them for weeks which seems odd.


 


The Mortgage is with NRAM (Northern Rock)


 


I hope this helps you to help me!


 


Thanks


 


Katie


 


 

Expert:  Clare replied 2 years ago.
Hi
What do you know about your ex's current financial position?
Clare
Customer: replied 2 years ago.

He has set up a company of his own, which according to companies house he was officially The Company Director from May 2013. But he had let slip it had been really set up jover a year ago.


 


I also can see from investigating it all on line that he first started the company from the home address in question, surly he would need permission to do so.. as you will see from the company he now has an address in Birmingham which I know is a successful company of one of his Fathers best friends, but another address that he has connected to his new company is also the address of his Fathers Business. I called the CSA to tell them he was earning and he has until this Friday after a previous warning to tell them what he is earning and admit from when.


 


Nick left the home in question in October to go and live with his parents in Birmingham...When we spoke it got heated as he would now hardly see our son and did not seem bothered, he still wasn't paying anything for our child and and hadn't been paying the mortgage for some time so I said how could he do this to me and Oscar when I knew he was earning money, he got frustrated and shouted back that any money he made and savings from living at his parents would be going back into his company and said he was working 17 hours days....he dropped himself in it really!


 


You can see from his website going through to ebay that he has done a lot of sales and that's just from one medium of selling.He obviously got backing from his Fathers friend or parents as he had no savings.


 


I also think he is holding stock in the house in question.


 


His website is www.oscarsboutique.co.uk


Ironically names after my son!


 


He told the CSA to please not tell me the company name...the fact is Nick Perrins & Oscars Boutique Is on TWITTER, EBAY, FACBOOK, THE WEBSITE, PINTREST,GOOGLE ETC


 


My feeling is the mortgage company should be investigating his earnings as part of there due diligence and a simple look at his history on line shows this. I really feel that they agreed to the house being in Nicks name on the consent Order but now he is saying he has nothing they are coming after me!!


 


 


Thanks


Katie


 


 

Expert:  Clare replied 2 years ago.
Hi
Has the house actually been repossessed?
Clare
Customer: replied 2 years ago.

No!! The entire point is that they said you have two options


 


1) to sign a voluntary repossession (which is what Nick has done and wanted me to do) I obviously wont do that as I think I need my day in court to fight the injustice of this. Plus I will be left with a lot of debt this way anyway!


 


2) it goes to court, The mortgage company sent a letter in Jan 2014 to say they had now applied for court and to expect a court date any day now really...this will then give me 28 days to pull a case together.....hence me asking for help now


 


I have spent thousands as i said with my divorce and settlement to secure me from this very thing happening but it seems it hasn't done a thing! He lost his job and now I take the fall but he only out of work for a short time and he was collecting doll money and had a lodger paying about £400.00 per month plus not paying a penny to child care, school dinner, CSA etc.. He is lying if he is telling them he has no means of paying.


 


Please can you give me your advice on this matter


 


Katie


 

Expert:  Clare replied 2 years ago.
Hi
Can I assume that you do not wish to take on this property and mortgage as well?
Clare
Customer: replied 2 years ago.

NO! I cant take it on and shouldn't have this responsibility?


 


I put all that in the first email, I also shouldn't be responsible for all the arrears he has built up over the last year.


 


I have my own house and mortgage to pay which I relinquished him of as we were both told to do in our court order in our financial settlement. I simply don't have the money to take it on and the arrears and the loan and in my eyes nor should I.


 


Nick Perrins has not up held his responsibilities to the best of his endeavors and his promise to the court but the Mortgage company now don't care as all they want is the payments.


 


Thanks


Katie


 

Expert:  Clare replied 2 years ago.
Hi
I am afraid that your solicitor should have explained to you that the Family Court Order is binging on your ex - but not on the Mortgage Company.
Your ex cannot be forced to make the mortgage payments if he choses not to - so since you cannot the house will be repossessed and the Mortgage Company will pursue both or either of you for any shortfall
HOWEVER the Court Order means that if YOU have to pay any money then you can recover it from your ex - this is what the Order provides for
I KNOW that this is not what you thought or expected - but sadly it is what the Court Order actually means
Unless you can cover the arrears there is no defence against the possession proceedings
It is YOU who can then chase HIM for the shortfall
Please ask for any further details you need
Clare
Customer: replied 2 years ago.

I am not overly sure of your response and not sure what 'binging' means?


 


I know they cant force anybody to pay but my question is...don't you think the Mortgage company should be doing a little more to show they have tried to get payment from the person who has been leaving in the property and who was going to be taking on the property in full!


 


I don't feel I have had any advice from you...just question after question which I feel I had already told you in previous emails. Then I have this response which is not very comprehensive.


 


Thanks


 


Katie

Expert:  Clare replied 2 years ago.
Hi
My apologies - word should have been "binding"
I am sorry but there is NO requirement on the Mortgage Company to do anything at all.
The mortgage is not being paid and they are repossessing the property - that is what they do.
They are in no way involved in or interested in the arrangements that you and your ex have made whether via the court or in any other way.
Once the repossession has taken place - and the only way to stop it is to clear the arrears - then they will identify the shortfall and will decide how to chase those arrears.
Again they are entitled to chase either or both of you and they have no responsibility to chase him first - but if they get money from you then you can recover it from your ex.
That is the situation that you are in
How you proceed is up to you - but you have no defence to the repossession proceedings should therefore think carefully before increasing the legal costs involved there
Clare

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