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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33306
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am now divorced but the mortgage is still in joint names.

Customer Question

I am now divorced but the mortgage is still in joint names. In the divorce papers it states that I have no claim on the marital home and she has no claim on my property. I am not on the land registry but the mortgage company will not remove my name from the mortgage. I have recieved several letters from the mortgage company stating that she has not made at least 3 payments. My ex has made some kind of payment arrangement but still failed to make a payment. No one seems to be able to help me all I want is to be removed from the mortgage. The mortgage company cant have everything. The court says I have no claim to the property but the mortgage company will not take my name off the mortgage. I just want to get my credit rating good and move on with my life. Can you please help me.
David.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Customer: replied 3 years ago.

I have not received an answer yet

Expert:  Stuart J replied 3 years ago.

Was your removal from mortgage not in the court order?

 

Does she have children living with her?
Customer: replied 3 years ago.


yes it was by the court.


 


shes has two children with her aged 10 and 16.

Expert:  Stuart J replied 3 years ago.

Can I have the exact wording of the court order?

Does it use the words best endeavours?

Customer: replied 3 years ago.


The petitioner undertaking to the respondent and to the court and agreeing to use her best endeavours to procure the release of the respondent from any liability under the mortgage secured upon the former marital home in favour of the the mortgage business and in any event to indemnify the respondent all such liability.

Expert:  Stuart J replied 3 years ago.

Has she made any attempt to get you off?

Is she working?

Customer: replied 3 years ago.


She has been in touch with the mortgage company as I have. There reply was they'd been taken over by lloyds tsb and wasnt taking any new business on and would'nt remove my name even though the courts have requested this.


 


As far as I am aware she is working.

Expert:  Stuart J replied 3 years ago.
Would she get a mortgage with another lender. What is house worth? What mortgage on it?
Customer: replied 3 years ago.

I dont think she would be able to get another lender.


 


The orginal mortgage was for £190.000


 


I think the house is worth roughly £240.000


 


Im off to work now so you wont here from me for the rest of the day.

Expert:  Stuart J replied 3 years ago.
No problem. I am going to refer this to a colleague for you. No need to reply or it comes back to me.
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
Has she explained her failure to pay and how close to repossession is it?
Claire
Customer: replied 3 years ago.


Hi, I have no idea. We do not contact each other at all. I only know about the arrears as the mortgage company sends me letters.

Expert:  Clare replied 3 years ago.
Hi
Do you have any idea what she is earning?
Claire
Customer: replied 3 years ago.

Hi
no i dont no if she is working are not

Expert:  Clare replied 3 years ago.
Hi
Have the mortgage company said if they will be taking possession proceedings?
Claire
Customer: replied 3 years ago.


I have no idea. My orginal question was how do I remove my name off the mortgage? as the morgage company wont take me off as it was sold to llotds tsb

Expert:  Clare replied 3 years ago.
Hi
The simple but bleak answer is that in fact you cannot do so - there is no procedure which can be followed to achieve it.
The only requirement on your ex is that at least once a year she contacts the Mortgage Company to see if they will release you from the mortgage - and speaks to a mortgage broker to see if she can raise a new mortgage.
HOWEVER the fact that she has allowed the mortgage to fall into arrears may give you some room to go back to the court and seek an order for the immediate sale on the basis that allowing the arrears to accrue means that she is not doing everything possible to ensure that you will be released.
This argument will be more powerful if there is a real risk of re-possession
I appreciate that this is not the news that you wanted - but it is the position that you are in.
Please ask if you need further information.
Claire
Customer: replied 3 years ago.

Hi i would like to thank you for your time and i can now look forward to resolve the matter. It looks like i'll be back in court. Mant thanks agian Dave

Expert:  Clare replied 3 years ago.
Hi
You are welcome - I wish it was better news
Claire

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