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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33311
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I live in a flat that where the mortgage is in my partner and

Customer Question

I live in a flat that where the mortgage is in my partner and her ex partner's name... I've paid the mortgage for 6 years and we are not aware of where her ex-partner is at this time... during the 6 years he has made no contributions to the mortgage or property at all... Prior to us moving into the flat, her ex-partner stopped paying the mortgage which lead to a charging order on the £20,000 unsecured loan they took out... We now want to sell the flat but cannot due to his name still being on the mortgage. We've applied to Northern Rock to remove his name and put my name on the mortgage but they won't due to the charging order. We do not know where he is to sign any legal paperwork agreeing to the sale. Northern Rock's stance on it is if I pay the remaining £18,000 on the unsecured loan they would 'consider' removing his name. I don't have that money, nor do I own any assets to secure a loan of that magnitude. My partner wouldn't get a loan due to CCJ's, etc. What other options are available to me? Thanks.
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage/loans
What efforts have you made to trace the ex?
Clare
Customer: replied 2 years ago.

Hi


We had a valuation between £175,000 and £180,000... Outstanding mortgage stands at approx. £125k with £18k on the unsecured loan... My partner has lots of mutual friends but none of those seem to know or are not saying where he is.... If I'm honest I'd rather not find him unless I have to as if he finds out there is a fair bit of profit in the sale he may try to stake a claim to it if he can or make things difficult for us...


Thanks

Expert:  Clare replied 2 years ago.
Hi
I am sorry but the simple fact is that the property cannot be sold, and the mortgage cannot be transferred without his active involvement and agreement
equally I am afraid that he is indeed entitled to a share of the equity - and whilst you and your partner can claim credit for any work done to improve the property unless it was a repayment mortgage and substantial sums have been paid off the equity then no credit will be given for that.
I am sorry - I know that this is not what you want to hear but sadly it is the legal position that you are in
Please ask if you need further details
Clare

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