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  • #1

    Mortgage

    I have been married to my wife for 18 years. And our house is in my name only, she is not on the mortgage and doesn't pay any of the household bills.
    When we met, she had a small flat, it was mortgaged. the flat was eventually repossessed and sold at auction.

    She is currently paying £10 per month. She doesn't work as she is registered disabled. This debt will continue well past her 150 th birthday at this rate. Is there any way she could detach herself from this debt by having it written off?
    Tags: 2015, arrangement, arrangement to pay, benefits, bills, birthday, building society, car, comi, con, consumer, court, debt, debt purchaser, disabled, employment, flat, household, information, job, lenders, letter, married, money, mortgage, pay, payments, private, rate, repossession, shortfall, small, tactics, wife, work
  • #2
    Re: Mortgage

    Awesome - you got here in the end
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    • #3
      Re: Mortgage

      Originally posted by Tonybluto View Post
      she had a small flat, it was mortgaged. the flat was eventually repossessed and sold at auction.

      She is currently paying £10 per month. She doesn't work as she is registered disabled. This debt will continue well past her 150 th birthday at this rate. Is there any way she could detach herself from this debt by having it written off?
      Who was the lender at the time of the repossession and has the shortfall been sold on to a debt purchaser or is it still being collected by the original mortgagor?

      Give me a little more information so we can see what tactics she could use to work towards a write-off.

      It does seem cruel to expect a disabled person to continue to pay a debt which is 18 years old especially if she's not in employment so these payments may be coming from her benefits (if she is in receipt of any)

      Plan B x

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      • #4
        Re: Mortgage

        I'd just like to welcome you x
        if you do it today and you like it you can always do it again tomorrow

        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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        • #5
          Re: Mortgage

          Jointly mortgaged with ex,
          Bradford and Bingley building society was the mortgage provider, the debt is still being collected by them.
          She has a little job , 6 hours per week.
          Only benefit she gets is DLA.
          This is swallowed up by the mobility car she has.

          The shortfall from the sale of the property was £7k each. The ex husband paid his part, but my wife now owes over £15k

          I pay all household bills, food etc.
          I don't think I should be responsible for this debt..
          Our house is in my name only, but we have been told as she has an interest in this house, by the way of living here, a charge could be levelled on it.

          Comment

          • #6
            Re: Mortgage

            Originally posted by Tonybluto View Post
            Jointly mortgaged with ex,
            Bradford and Bingley building society was the mortgage provider, the debt is still being collected by them.

            The shortfall from the sale of the property was £7k each. The ex husband paid his part, but my wife now owes over £15k
            That doesn't sound right.

            If the shortfall after repossession was £14k and her ex paid £7k then why does the lender think she owes them over £15k now and not £7k less all the payments she's been making for the last eighteen years?

            If it was a joint mortgage then both her and her ex were jointly and severally liable for the shortfall. They may have made a private arrangement to pay 50% each but the lender can chase either of them.

            I don't suppose she's kept a copy of the possession Order? Some lenders get sloppy and only apply to the court for "possession" of the property but forget the application must also include arrears etc if they want a money judgement.

            Plan B x

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            • #7
              Re: Mortgage

              All the paperwork was given to a lady, in eastbourne who was supposed to be helping her.
              This lady was a wrong en.
              She insisted on upfront payment and did nothing.
              She kept all the papers, appertaining to the case.
              This was more than 10 years ago now.

              After my wife's flat was repossessed, she moved into a flat, paid for by benefits,
              A letter did arrive asking if she in fact owed the money.
              Being an honest person she said yes.
              After that letter she heard nothing for years, until one day approximately 10-12 years ago, then a court case happened,
              This is where the memories fade.
              Because nothing had been paid for several years the interest was added and not frozen, amassing to the estimated figure of £15k outstanding.
              She is reluctant to contact, B&B
              To ask for an update, incase this highlights her case, and they start bullying her, so to speak.

              Comment

              • #8
                Re: Mortgage

                Originally posted by Tonybluto View Post
                she heard nothing for years, until one day approximately 10-12 years ago, then a court case happened,

                Because nothing had been paid for several years the interest was added and not frozen, amassing to the estimated figure of £15k outstanding.
                She is reluctant to contact, B&B.
                That's doesn't sound right (interest still being added) unless there's a court order which permits it.

                Was this the Bradford & Bingley which was sold to Abbey National which was subsequently taken over by Santander?

                I think your wife should definitely challenge this with our help.

                She should start by sending a Subject Access Request to Santander (if they are currently the owner of the shortfall debt) to get the full history.

                Once she's got the paperwork she should try to negotiate a settlement (write-off) on the grounds of ill health etc.

                Plan B x

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