I must admit, I am confused as to how your name can be jointly on a secured mortgage loan when the property is not in joint names!
Most unusual in the extreme.
The effect would be that your husband is liability is secured by way of a charge over his property but that your liability is unsecured. In over 25 years in the legal profession, I have never come across this although was no legal reason why it cannot be done that way I have never come across it.
The issue in respect of your husband selling the property or not is nothing whatsoever to do with your liability under the terms of the loan except to say that if the property is sold, or remortgaged, the loan gets repaid automatically. Until then, it remains extant unless the lender will agree to release you. There is no legal reason why they cannot release you, that is their decision.
If the old house was in joint names, you could apply to court for an order for sale under the Trusts of Land Appointment of Trustees Act and you could get removed from the mortgage by forcing the sale of the house. That isn’t an option for you because you’re part of the loan is nothing to do with his property.
You say that only your ex-husband’s name appears on the title deeds (and always has done) and therefore there is no second home stamp duty issue in respect of any purchase with your new husband. As you say, you do not legally have any interest in the property.
I don’t know who advised you that you should enter into the loan in the way that you have or whether the ramifications will fully explained to you but by simply referring the matter to the Ombudsman, whoever is told you to do that is obviously not prepared to make a decision to remove you from the loan unless they have to. As I said earlier, there is nothing to stop them just removing you, they just choose not to. I agree with what you have already been told, I would refer this to the Ombudsman because I think the advice that you received by whoever arranged this at the time was negligent.
If his credit rating is not good, it is highly likely that HSBC will not agree to remove you from the loan although, as I keep saying, there is no legal reason why they cannot, they simply choose not to because of your husband reneges on the mortgage payments, you will be on the hook for them.
Even if this went to court, the court will not order a lender to relinquish the security of a borrower but if the advice has been deemed to be negligent and you suffer loss as a result, you have a financial claim against the lender and the Ombudsman can audit you removed from the loan.
When you were arranging a financial order as part of your divorce (if you didn’t do that at the time) it should have been a term of the order that he used best endeavours to remove you from the mortgage because clearly, he hasn’t done that. Nonetheless, if his credit rating is not good enough to do that, the order is of very little effect.
Can I clarify anything else for you?
I’m happy to answer any specific points arising from this.
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