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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33305
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a joint mortgage with my daughter,,,,, My daughter

Customer Question

I have a joint mortgage with my daughter,,,,, My daughter lived at the address for 8 years but vacated without my knowledge 18 months ago and i have since had 3 CCJ's without my knowledge against my name for utilities and council Tax. furthermore, the building society paid these debts (Circa £3000) and applied 3 new loans against the property for circa £13000. without my knowledge or consent.
My daughter will not speak to me or give me her current address.
I am finding it impossible to get information regarding debts she has accrued on the property because all the bills etc were in her name.
My question is:
1. How can I legally get her name off the mortgage/Deeds if she refuses to agree? Meanwhile she is accumulating more debt against the property with "Payday Loans" etc.
2. Can I legally reclaim any or all of her debts that i have had to pay on her behalf?
I am at my whits-end can you please advise what actions i can take?
Kind regards
Mr Matt carden
Submitted: 5 months ago.
Category: Law
Expert:  Clare replied 5 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How much is the property worth and how much is outstanding on the mortgage?

What loans have been added?

Customer: replied 5 months ago.
Hello ClareThank you for your quick response:
1.Property Value Circa £75000
2. Current mortgage £93634
3. Loans added:
a) £1538
b) £1720
c) £3120The mortgage stood at £87252 before the 3 loans were added.
Unfortunately I cannot get verbal clarification from the mortgage provider to identify where the debt has come from. I believe it is for Ground rent/Service charges.Today I have written to NRAM under data protection asking for SAR because they are not being helpful.
Expert:  Clare replied 5 months ago.

Wo lives at the property now?

Customer: replied 5 months ago.
Currently empty I do not know where my daughter lives she is being very difficult
Expert:  Clare replied 5 months ago.

What do you intend to do with it?

Customer: replied 5 months ago.
Rent it to cover the mortgage??? need the lenders permission.....
question..
1.How can I legally get my daughter off the (they are sa deeds etc?
2, can i have the 3 CCJ overturned (they are satisfied) but are still on my credit history?
3. Can i pursue my daughter for the debts i have had to pay on her behalf, all be it they payments also protect me from further CCJ
Expert:  Clare replied 5 months ago.

Are the CCJ's separate from the loans that were added to mortgage?

Customer: replied 5 months ago.
to be as clear as possible:
1. The CCJ's were issued against me for the three amounts (unconfirmed what they were for just now)
2. The mortgage provider paid the outstanding debts and the CCJ's are now satisfied but still on my credit history
3. The additional loans added to the mortgage are the amounts paid to satisfy the CCJ's.
4. The mortgage provider did NOT get my permission to pay them on my behalf...so I am confused as to why they satisfied them.
5. I have had to request a SAR from the provider to understand what is happening.
Expert:  Clare replied 5 months ago.

It is almost certain that they were for Service Charges and Ground Rent.

The Mortgage Company are entitled to pay them and add them to the mortgage to prevent the lease being forfeit.

They cannot do this with any other debt.

Unfortunately it is unlikely that the Mortgage Company will agree to release your daughter from the mortgage at this stage - but there are no extra debts she can charge to the property without your agreement.

You can indeed sue her for her share of the Ground Rent and Service Charge.

I hope that this is of assistance - please ask if you need further details

Customer: replied 5 months ago.
thank you for the advice:Just for further clarity:
1, Can I have the CCJ's struck off?
2. I am awaiting utility bills that have not been paid for over 8 months,,,,,,,,a substantial amount. they are in my daughters name but i am worried if she doesn't pay them i will again face the CCJ threat or have to pay them and I am o joint mortgagee.can the utilities companies or "pay day loans" she has taken out chase me and ultimately hold me liable? because i am registered at the address on the mortgage?
Expert:  Clare replied 5 months ago.

1. It may be possible to have the CCJ's set aside on the grounds that you were not aware that proceedings had been issued - it is certainly worth considering an application on that basis

2. You cannot be sued for debts which are in her name - you simply need to transfer the accounts into your name - the providers will have to chase her for the debt.

No loans taken out in her name or debts taken on by her can be laid at your door

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