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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I signed a mortgage for my former husband (partner at time)

Resolved Question:

I signed a joint mortgage with my former husband (partner at time). He wanted to remortgage borrowing a further 16k back in 2007. Lender wouldnt do a second charge but rather remortgaged entire amount/ Lender wanted to charge 1k to add me onto deeds which former partner didnt want to pay so I agreed not to go on. I was advised to visit a solicitor to take advice and did so with the deed. I wasnt advised that i would forego all of my rights to any future equity potentially by not going onto the deeds. I understood I'd be legally and severally liable for payments but not that I'd never be able to come off or be prevented from abiding by the very lending terms and conditions the bank tied me into (by not being on the deeds) Married the man few years later, divorced and despite evidence of my 23k contributions, ex was given the property in divorce as judge deemed i not entitled to any proceeds as not on the deeds! To add insult to injury I still remain on the mortgage and this has detrimented me and my children as I am now stuck in rented and cant even get a bank overdraft or any credit as Im deemed to be overcommitted. Is there any action i can take for lack of duty of care by the lender who still refuses to remove me from the mortgage?

Submitted: 3 years ago.
Category: 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.
What does the Financial Order say about the mortgage?
was your ex ordered to release you?
If not why not?
Clare
Customer: replied 3 years ago.
Financial order states that he should use his best endeavours to release me but he hasnt. The financials were a complete mess as the judge got it wrong and in judgement states that I wasn't on the mortgage before the marriage. My financials were riddled with mistakes like this and I appealed as high as I could go, particularly as there are young children in my care. Hence wanting to know if the bank owes me a duty of care as it won't release me. ;(
Expert:  Clare replied 3 years ago.
Hi
What efforts has he made to release you and why have they failed?
Does he have children living in the property?
Clare
Customer: replied 3 years ago.
No case is a mess - I've had to return to court 3 times for enforcement / I was left with 80k financial debts given property I already owned prior to mortgage with little equity (negative after debts) and refused spousal maintenance. Succeeded with permission but coa threw out grounds only permitting spousal maintenance appeal which we lost (legislation deems clean break necessary but no clean break when I can't move on as I'm
On a mortgage for 17 more years)

He Keeps being given extra time - even lied to a high court judge he didn't know about a hearing to have one enforcement order set aside and whilst I succeeded not all my costs were covered....
I'm told by barrister we have to start separate proceedings which are turning out impossible for me to service, hence my question as to whether the bank owed me a duty of care- we applied directly to the bank initially.

Thanks
Customer: replied 3 years ago.
Bank will not lend to h as previous bad credit, only declares 7k earnings and he's been letting out the property for some time without consent
Expert:  Clare replied 3 years ago.
Hi
What was the last application before the court - and what was the result?
Clare
Customer: replied 3 years ago.
Enforcement of original financials order by me. Outcome was it still stands and he should have paid me the full balance of 7.5k (10k total but he was allowed to deduct child support arrears which is another matter in itself!) remaining 1700 to be pays plus partial costs around 3k total. If not property to be sold jointly but I fear this will mean more litigation itself. Judge said frequently probs when 2 people are on a mortgage as lenders won't follow court order by releasing me
Customer: replied 3 years ago.
I feel that I've been let badly down in the family proceedings so little point on focusing in this area. I really just want to focus on whether the lender had a duty of care re not putting me on the deeds and if these potential pitfalls should have been covered as I've been having to contribute fir 4 years to a mortgage where my 23k contributions to this and essential maintenance were ignored - thanks
Expert:  Clare replied 3 years ago.
Hi
No I am afraid that there is no such duty of care
They had a duty to ensure that you took separate legal advise - which you did - they had no responsibility to go behind your decision to agree to your name NOT being added to the deeds.
However you do still have the option of forcing the immediate sale of the property since clearly your ex is NOT using his best endeavours to obtain you release from the mortgage.
i am sorry - I know that this is not the news that you wanted and you have so clearly been let down by the legal system
Please ask if you need further details
Clare
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