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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10180
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I recently came out of a 3 month relationship. During the time

Customer Question

I recently came out of a 3 month relationship. During the time I was with my partner I was living in and owned my own property. We decided to take out a £10,000 loan out against my property (we were not accepted for a loan any other way). We then moved out of my property and into a rented house. Although my original property is up for sale, I will be moving back soon as my partner decided to end our relationship just before Christmas. The loan agreement states that £13,000 (incl interest) is to be paid back using funds from the sale of my property within a 6 month period. Obviously my circumstances have now changed and I don't know where I stand legally. We both signed the agreement even though it was against my property which I own solely.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hi there,

Thanks for your enquiry.

If the loan was secured against your property, then only you should have signed the agreement. I'm not saying the agreement is therefore invalid, I'm afraid, but could you let me have a bit more information about the loan.

Do you know for sure that the Loan company has registered a Charge against your property? (If your property is being sold, if you have got as far as instructing a Solicitor, he will be able to tell you if the loan is registered at the Land Registry).

I look forward to hearing from you.

Kind Regards

AL

Customer: replied 2 years ago.

For Aston Lawyer


 


Please find attached a copy of the loan agreement which I hope will give you the information you need.


 


Regards


 


Jill

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Expert:  Aston Lawyer replied 2 years ago.

Hi Jill,

Thanks for your reply and for forwarding the side letter from Goldhill.

As the Mortgage is registered against 1 Crouch House, I am afraid that you are solely responsible for complying with the terms of the Mortgage Offer and repaying it within the agreed time schedule (6 months from the date of drawdown).

I am not sure why Edward's name is on the paperwork, but I'm afraid that this does not release you from your obligations under the Mortgage. As the property is in your sole name, Goldhill would only come against you for any default as they of course have the security of their Charge registered against your property.

I hope this sets out the legal position to you, but please let me know if you require any further assistance.

Kind Regards

AL

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