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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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When i divorced my wife in 2011 our mortgage lender would

Customer Question

Hi
When i divorced my wife in 2011 our mortgage lender would not allow my ex wife to remortgage. I agreed to leave my name on the mortgage. We have a legal document meaning I have no legal or equitable interest in the property and she has an undertaking to the court to agree to
(A) discharge the mortgage and all liabilities in respect of the property.
(b) use her best endeavors to procure the release of (myself) from any liability in respect of the mortgage secured upon the property.
(c) indemnify (myself) in respect of all mortgage liabilities, conditions and covenants with regard to the mortgage.
If either property has not been transferred or sold within 7yrs it is to be sold forthwith.
She is now in arrears the effect of this means I cant get another mortgage. What can i do to escape this dilemma?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hi nicola

thanks for getting back to me. I am not in a desperate rush but would like an answer soon how long will it take?

If its just days I can wait

Kind regards

john

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you. JustAnswer cannot guarantee a time but most questions are answered in a timely manner.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question and my apologies for the delay
My name is Clare
I will do my best to help you but I need some further information first.
Are there any children in the property under the age of 18?
How much is the house worth and how much is outstanding on the mortgage?
How many months is the mortgage in arrears?
Clare
Customer: replied 2 years ago.

Hi Clare

thanks for your response.

My daughter ***** *****ves with her mum she is 16yrs dob 20/08/98.

My daughter Chloe lives with me but stays with her mum 2 or 3 nights a week she is 17yrs dob 18/07/97

Value of the house is £150000 with £70265 outstanding. The mortgage is 5 months and £3422 in arrears.

Hope this helps

John

Expert:  Clare replied 2 years ago.
Hi
What explanation has your ex given for the arrears?
Clare
Customer: replied 2 years ago.

She refuses to discuss it with me in any kind of detail but refers to a time when my son Oliver (dob 8/8/95, lives with her) left college. Her income from working tax credits reduced and her income was less than her outgoings.

John

Expert:  Clare replied 2 years ago.
Hi
Have possession proceedings been threatened?
Clare
Customer: replied 2 years ago.

Hi

No TMB are happy that she is now paying £650 a month but this may take years to clear the arrears.

John

Expert:  Clare replied 2 years ago.
Hi
How much does a cheaper two bedroom property in the same school area cost to buy - including using a Shared Ownership scheme
Clare