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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3760
Experience:  Solicitors 2 years plus PQE
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My boyfriend and I split up some years ago. My name was taken

Customer Question

My boyfriend and I split up some years ago. My name was taken off the Deeds but I have just learnt that my name is ***** ***** the mortgage and as he has defaulted on the mortgage is causing me difficulties in getting another mortgage. What can I do?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Has the property been repossessed? If so how long ago? Kind regards AJ
Customer: replied 1 year ago.
No it hasn't. He was late paying 3 or 4 monthly payments. I then applied for a mortgage with my fiancée and have been turned down due to adverse credit. This is when I became aware of the problem
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Have you asked the mortgage company to remove you from the mortgage deed?
Customer: replied 1 year ago.
yes, but they have said that it has to go through ex boyfriend. He paid me off and took me off the deeds, which I agreed to but I stupidly did not do anything about the mortgage documents.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. There is nothing you can do about the mortgage defaults on your credit record. What will help though is removing you from the mortgage deed. In theory the hardest part is getting the bank to agree to this - tis your boyfriend just refusing to correspond with you? Kind regards AJ
Customer: replied 1 year ago.
He is corresponding but we don't seem to be getting anywhere. The trouble is that I have been told that I can't force him to take me off the mortgage docs. and of course if he has now got a bad credit score he won't be able to get a new mortgage anyway.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Potentially you would have to go to court to get him to remove you from the mortgage. Did you have a signed agreement when he paid you out and removed you from the property title? Did the agreement include taking liability for the mortgage?
Customer: replied 1 year ago.
yes, I believe I have. I also have an indemnity from the solicitor's saying that I am not responsible for the mortgage payments although I have just been told that this is worthless and I am responsible for the mortgage.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. If you sued under this indemnity, does your boyfriend have any means to pay you? Can you send me the wording of the indemnity? Kind regards AJ
Customer: replied 1 year ago.
I am at work at the moment so would not be able to get the indemnity to you until tomorrow, is that ok?
Expert:  Alex J. replied 1 year ago.
Hi, No problem. I will look out for it. Thank you kind regards AJ