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Clare, Solicitor
Category: Property Law
Satisfied Customers: 35087
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I want the bank to repossess my house but my ex lives in it.

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Good afternoon, I hope you can help. I'll try and give you as much information as possible in bullet point format.

My husband owns a property with his ex partner of 20 years - they were not married.
The had a very bitter split and she remained in the house with their children - 17 & 11 - he has no contact with any of them.
My husband makes CSA payments, his Ex 'pays' the mortgage
Around 3 years ago, due to my husband not making a CSA payment between jobs his ex stopped paying the mortgage for almost a year and the bank took them to court.
His ex did not attend the hearing although she come to an agreement with the lender to pay the mortgage and arrears over a period of time.
We did attend court and asked that the house be repossessed due to the likelihood of her not paying the mortgage in the future - affecting our credit rating again etc.
The judge ruled that she could remain in the property on the agreed terms - explained he was really doing my husband a favour and that if she missed one payment the house could be repossessed.
Again in May 2013, as my husband changed jobs and missed two weeks of CSA payments, his ex has stopped paying the mortgage and has not made a payment since - 1 year now
He has called the bank several times to see what action they are taking and they are no help at all, they give him incorrect information and have said several times that solicitors have been instructed when they in fact have not and is generally told that "something will happen soon" though he has been hearing this for about 9 months now.
He was told around 2 months ago that the case had been referred for a home visit where he would be contacted as well, though we have heard nothing.
His ex has not been in contact with the bank - my husband asks each time and they confirm this.
the approximate value of the house is £310,000
the approximate value of the mortgage is £213,000
Arrears in the region of £11,000

Is there anything we can do to push the bank into taking action instead of them allowing any equity in the house to be eroded by fines? My husband is finding this very stressful and it has affected his credited rating severely.
If we can push the bank into taking action and going back to court, what is the likely outcome if my husband requests again that the house is repossessed and his ex tries to come to a new agreement with the bank?
Our preferred outcome is to go back to court as soon as possible and have a repossession granted. this will at least allow us to begin rebuilding our credit rating for future years.

I hope you can help, if you need further information please let me know.

Best regards

Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first.
How much is the mortgage payment and how much is the CSA assessment?
Customer: replied 3 years ago.
Google morning
The mortgage payment was originally £740.
Under the suspended possession order it is now £889
This does not include The current arrears of £13,500 (inclusive of the original arrears and the current arrears)
The CSA payments were originally £733 per month until June 2013.
£523 until end of April 2014
My husband has recently registered a company of which he is a director of, however he has not begun to earn a wage yet so the current CSA payment is 0
I hope this helps but please let me know if you need any further information.

What income does his ex have?
Customer: replied 3 years ago.
She works part time as a waitress though qualifies for some benefits, we don't know exactly. The fact she qualifies for benefits means her waitress income must be quite low. Sorry I can't be more specific. When making the agreement with the bank after the original default she was only able to afford payments when she included the £733 from CSA payments. She also stated to the bank during her only contact with them when defaulting for the second time that it was because she had not received CSA payments.

I read my original question back earlier and just want to clarify that ,
My husband and his ex are both on the mortgage and deeds. I hope you understood that from my original question?
Yes I did understand that - you had made it clear
Looking at the order made last time - was it in fact a Suspended Possession Order?
Customer: replied 3 years ago.
Yes it was
What is the date on it?
Customer: replied 3 years ago.
Hi it was August 2011
Like you I am at a loss to understand why the bank have not actually taken action - how much is outstanding from the original arrears?
Customer: replied 3 years ago.
Morning, the original arrears were close to £6500 an extra payment of £110 per month was agreed between her and the bank which she did pay for 20 months before defaulting this time.

To get these figures we have brought all of the correspondence and notes out and nearly every time my husband has called them he is told something different. The bank will tell him they have instructed solicitors or organised a home visit, most recently that it was due for review 20th May but he called after this date and there was no update or idea of when they would be reviewing it again. There also Is no suggestion now that a home visit has in fact been arranged, although they said it had at least two months ago... As far as we do know, my husband is the only person in contact with the bank, he is asking for them to repossess and the mortgage hasn't been paid for a year - again, I don't understand what there is to review.

Sorry if I'm repeating myself, if this is unusual I just want to make sure I've informed you correctly.
Please do not apologise - this situation does indeed appear unusual
Given that there is a suspended possession order in place it is indeed hard to understand why the bank has not taken the obvious next step and applied to enforce the suspended order.
HOWEVER the simple fact is that your partner cannot force the bank to act - and by attending any hearing and asking for the property to be repossessed he will simply engender sympathy for his ex and make it more likely that the court will give her another chance.
I would suggest that he confines himself to writing to the bank every two months and asking for an update - and plays a patient waiting game.
he could point out that he is concerned than unnecessary extra costs and interest charges are being incurred and that he holds them responsible for this and will not be liable for those
If or when the bank does take action he should simply write to the court saying that he does not intend to defend the matter BUT that the matter could have been dealt with at an earlier date and asking the court to make a costs order that reflects that
Whilst disappointing I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.
Thanks Claire, we'll take your advice and write to them next. We did assume that we could not push the bank when it's their money after all.

I appreciate your time

Best regards

You are most welcome - I hope it sorts sooner rather than later?
Clare and other Property Law Specialists are ready to help you