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Need my name removing from a Mortgage

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JoannaT | 14:50 Tue 05th Jul 2011 | Law
15 Answers
My ex partner and myself purchased a property with Kensington Mortgages in September 2005. We split up in February 2006 and I agreed to keep paying my half until September 2008, as it was a 3 year fixed mortgage. The mortgage was a self cert interest only mortgage as he was self employed at the time.
In September 2008 I contacted Kensington asking them to remove me from the mortgage and was told my ex would have to apply and be accepted for a sole mortgage for me to be removed. This was never done as my ex was self employed with very low income and even though I paid my full half of the monthly paymenst, he didn’t which resulted in missed/late payments.
The only other option would be to sell the property, which unfortunately, my stubborn ex would not agree to.
In recent months I have got married and looked to purchasing a property with my husband. After being refused on our first attempt, I signed up with Equifax which clearly shows constant missed payments to Kensington mortgages every month which has resulted in me getting an awful credit rating.
I need help to force Kensington Mortgages remove my name from this mortgage so I can move on with my life. I do not understand why Kensington are allowing him to live in the property after so many missed/late payments. I do not want my ex to have to sell the property, I am not interested in any equity it may or may not hold, I simply want my maiden name removing from a property I have not lived in for over 5 years.
With my name currently on that mortgage it is keeping my ex in that property as I was the one with an income and is preventing me from owning a property I want to live in with my husband.

Any help or advice would be great as I have no clue where to start.

Thanks :)

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It is easy to understand why Kensington is allowing him to live in the property - the debt is racking up, for which you are liable for; the value of the property has probably gone down.
You cannot force Kensington to remove your name - you signed a legally binding contract and you will not be released from it until the mortgage is paid off. Even if they...
15:24 Tue 05th Jul 2011
I'm thinking you will have to force a sale of that property (somehow) and pay any shortfall of the value (if there is a shortfall)

Mortgage might only have been a 3 year fixed term but that is the interest rate only, not the duration of a mortgage.
Unless your ex can get a mortgage in his name only there is nothing you can do.
Question Author
How can I force a sale? How much could a solicitor help? My ex is awful!
It is easy to understand why Kensington is allowing him to live in the property - the debt is racking up, for which you are liable for; the value of the property has probably gone down.
You cannot force Kensington to remove your name - you signed a legally binding contract and you will not be released from it until the mortgage is paid off. Even if they repossessed the house you would still be liable for any shortfall if the house didn't sell for enough.

You can apply to the court for an Order for Division and Sale. There is no doubt in my mind the court will grant this order and the house will have to be sold.
Bear in mind that if the house doesn't sell for enough to clear the mortgage you will still be liable for the shortfall.
The problem is that boith you and your ex are both liable for the whole thing. If your ex has nothing then they will go after you. Are you still paying towards the mortgage? The only suggestion I can make is that you stop paying and they will repossess quicker than they otherwise would. I would not normlly suggest this but your credit is already bad so this may get the issue resolved quicker so you can start rebuilding your credit record. You are never going to get the lender to free the only chance they have of getting paid.
Question Author
I havent paid since 2008.

Will I need a soliticor to start an Order for Division and Sale?
Phone your local County Court and ask them for the forms. They really are very helpful and your case is very straight forward.
It would be different if the house had been specially adapted for his disability or if he was living their with children, but that's not the case.
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Yes, you must avoid the repossession at all costs.

Have you been getting regular mortgage statements?
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When your name is eventually removed from the mortgage equifax/experian will still show the default and it will still stand for 6 years. You will need to prove that you were not liable for the mortgage payments, and this may be a lengthy process especially as your ex will not play ball.
You need to contact the credit rating agency in the first instance and explain your situation, they will be able to advise you how to proceed. A
I think an Order for Division and Sale relates to after a divorce. You didn't say anything about divorce did you? You were just partners who co-owned the property. . Are you 'joint tenants' or 'tenants in common'? Look at section B of your Title Deeds (Proprietorship Register) - if there are words that start 'No disposition by a sole proprietor...' then you are 'tenants in common'. If you are the latter you should apply to the court for an 'order for sale' forcing the sale of the property, repayment of the outstanding mortgage and reimbursement of any balance to each seller.
If you are joint tenants then you first have to sever the joint tenancy then order a sale. Check which you are then come back if you need to.
Barquentine, it applies to anyone who owns the property with another person.
Marriage doesn't come in to it.
Do you have up to date figures as to what you actually owe on your mortgage including penalties and interest - I imagine at least an early repayment penalty has gone if you have done the 2 years fixed part.

Getting a current valuation (or at least a guide) would also be wise so at least you know the potential financial situation/implications of any sale (including if you could get your ex did decide to get a mortgage and buy you out) ie, if it is even feasible for the lender to be repaid in full from a sale (and, in the event of repossession, the potential shortfall they could come after you for) especially on interest only with potentially substantial arrears.

What percentage mortgage did you get?
Im a mortgage adviser and here is what I'd do. It's currently a catch 22. You want to remove your name, he probably does want you to but cannot do mortgage on his own name but knows if he left or sold house he may not get another mortgage and may be homeless or have to rent. He may or may not be able to get a mortgage in his sole name, he should ask various lenders and Kensington. If he does not play ball force him to sell the house using solicitors but he may drag it out for up to a year. Say you want to do it amicably and get it up for sale. If he refuses state that your credit rating is so bad already due to him you will be forced into bankruptcy and he does not want that as under bankruptcy if you have an asset such as a house they can forcibly sell it under his nose in a lot less time for a lot less money which if there was a shortfall HE would have to make up as it would be written off in bankruptcy for you and he would be in major stuck, it would just be a threat but it may get him thinking best to have control of events than them being yanked from you. Alternatively take him down to a brokerage, see if he can get a mortgage and if he cannot why not, it may be a short time before a lender ignores what is preventing him. If it is income thats the issue see if a longer term (some go to 75 or 80) or changing to interest only will help. Halifax tend to be good at income stretches. He could also add a friend, family member or girlfriend to remortgage in different names? Good luck as its not an easy situation

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