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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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I need help with a mortgage query. I have a joint mortgage

Resolved Question:

I need help with a mortgage query. I have a joint mortgage with my mother and I want to know where I stand if i wish to remove my name from it, She has basically re-mortgaged the property to the max without my knowledge and i have not seen a penny from this ( she has kept it all) she also took out a secured loan again without my knowledge and had my signature forged on all the mortgage paperwork.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How was the original purchase funded ?
Clare
Customer: replied 3 years ago.

The house is worth £160,000.00 the mortgage I took out in 2000 was £85,000.00 repayment, the oustanding amount of mortgage as of August 2013 it was £153987.64 and that is interest only to be honest all I want is my name off the mortgage is this possible?

Expert:  Clare replied 3 years ago.
Hi
Why was the property put in joint names?
Are you willing to report the forgery to the police?
Clare
Customer: replied 3 years ago.

It was in joint names back in 2000 so the house could be bought off of the council as my mother didnt earn quite enough and i was not on the rent book, and I thought it would be a good retirement fund for me I never dreamt in a million years that she would do this to me, I would like to avoid this if possible, but if it is the only way to get my name off then it is something i would have to consider. can my name be removed without this action?

Expert:  Clare replied 3 years ago.
Hi
Would you rather simply force a sale?
Clare
Customer: replied 3 years ago.

If that is the only choice. To be honest I don't know what other debts she has put in my name and she has already turned my sister against me and my partner I was rather just hoping to remove my name and be done with it is that not possible?

Expert:  Clare replied 3 years ago.
Hi
I assume that your mother still does not have sufficient income for the mortgage she needs?
Clare
Customer: replied 3 years ago.

No she's got enough to cover the payments per month on her own, I've been thinking about what you said about forcing the sale can I do that or does she have to agree to?

Expert:  Clare replied 3 years ago.
Hi
I am sorry - I meant does she earn enough for the mortgage company to release you from the mortgage
Is that possible?
Clare
Customer: replied 3 years ago.

Oh sorry yeah she has income from her jobs and the lodgers she has there

Expert:  Clare replied 3 years ago.
Hi
In that case I suggest that you write her a letter giving her three months to arrange for you to be released from the mortgage.
Make it clear that at the end of that time you will apply to the court for an Order for Sale - which will be granted, and that if necessary you will report what appears to be forgery when it comes to the secured loan to the Police.
If nothing happens within the three months then you can apply to the court for an Order for sale - and i t will be granted.
Please ask if you need further details
Clare
Customer: replied 3 years ago.

Can I contact the mortgage company direct and ask them to look into the fraud of the mortgage increase as the mortgage I signed for £85.500.00 not £153.000+ that it is now as the more I dig about the more I have found out she took ppi refund and again I have not had any money from that the more angrier I am getting about this so in respect of this I want to force a sale can I do this?

Expert:  Clare replied 3 years ago.
Hi
You can certainly contact the mortgage company and ask for copies of the paperwork which led to the increase in the mortgage.
If you wish to force the sale then you need to follow the process set out above
Clare
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