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leanne-jones, Barrister
Category: Property Law
Satisfied Customers: 183
Experience:  Barrister
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Mortgage in arrears. collections dept of Halifax on 3 occasions

Customer Question

Mortgage in arrears. collections dept of Halifax on 3 occasions advised me that they would transfer mortgage into my sole name ie remove my ex from the mortgage if i paid the arrears. Last telecon i stated that i would be relying on this in court 2 days later,( i have a transcript of the conversation) they confirmed the advice. After court i contacted them, they said their dept does not actually deal with the transfer and transferred me to mortgage services who said that i had been ill advised and that they would not transfer the mortgage. Can I rely on this verbal advice as a contract and enforce the transfer?
Submitted: 4 years ago.
Category: Property Law
Expert:  leanne-jones replied 4 years ago.

leanne-jones : Hello - my name is Leanne and it will be my pleasure to assist you today.
leanne-jones : How much is owing?
leanne-jones : And what term is left?
JACUSTOMER-79nep7rv- :

£900,000 is owing and there are 20 years left. Arrears £95,000. However my question is purely - have I got a legal contract given it is advice over the phone

leanne-jones : No. Because the contract was one which was entered when the mortgage was entered.
leanne-jones : Any conditions or agreement later do not form part of that original contract because it post dates that contract
leanne-jones : that is not to say you can not rely on this agreement or promise, but that in itself is not a contract as such incorporated into the original agreement
leanne-jones : So you could have a claim based on what they had said, but these new terms do not form part of the agrement
leanne-jones : Does that answer your quetion?
JACUSTOMER-79nep7rv- :

ok understand that it does not alter the original agreement/mortgage and that a transfer of mortgage is in effect new lending and a new contract. The crux is getting her off the mortgage/deeds, from Halifax's point of view if i threatened them with legal action because they told me they would transfer the mortgage when I had specifically told them I would be relying on this in court, would they feel that they could or would lose a case in court, hence leading them to honor their promise and transfer without action,and of course do you think that a judge would find in my favour if I had to go to court

Expert:  leanne-jones replied 4 years ago.
Yes that is a different matter whether or not they will take your ex off. If they said they would then you are acting in reliance upon their representations,

So I agree, the judge is likely to find you for you in that. However this does not change the arrears which you need to deal with. The judge may order a suspended possession order if you can show you can afford it.

But I agree, if the bank said they would remove your ex you are entitled to rely on that

I hope this answers your question and if I can be of any further assistance please do not hesitate to contact me.
Expert:  leanne-jones replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?