URGENT; HELP ,Repossession of all properties due to exes mortgage and business debts

[valeriej43]

My sons partners ex owes money to the RBS on mortgages of properties he owns, in joint names with my sons partner, even though her name is on these properties she has not gained a penny from them,now the RBS is taking them to court for repossession of all properties, including the house she and my son live in, which was her divorce settlement, and my son has been paying the mortgage to keep a roof over their heads, with the agreement of the Skipton,who that mortgage is with, even paid all arrears,but could still be repossessed by the RBS
It now turns out that the ex got a loan for £290000 , which he hasnt paid back either,
He has a few properties which he rents out,also a cherry picking business ,the court case is next tuesday, and my son and his partner have been told they are very likely to be evicted too, as well as all the tenants in the properties this man owns
If this happens they will be homeless, they have a son and daughter with them his son her daughter[age 17] i can help them but not enough room for the kids
I wondered if anyone has been in this situation here, or anyone with experience of this situation,
Thanks for reading

[valeriej43]

Re: URGENT; HELP ,Repossession of all properties due to exes mortgage and business d

BUMP

[TUTTSI]

Re: URGENT; HELP ,Repossession of all properties due to exes mortgage and business d

Hi Valerie
Send a PM to Springer Spaniel and see if there is anything she can suggest hun, my head is not with this at the moment due to my health issues.

My sons partners ex owes money to the RBS on mortgages of properties he owns, in joint names with my sons partner, even though her name is on these properties she has not gained a penny from them,now the RBS is taking them to court for repossession of all properties, including the house she and my son live in, which was her divorce settlement, and my son has been paying the mortgage to keep a roof over their heads, with the agreement of the Skipton,who that mortgage is with, even paid all arrears,but could still be repossessed by the RBS
It now turns out that the ex got a loan for £290000 , which he hasnt paid back either,
He has a few properties which he rents out,also a cherry picking business ,the court case is next tuesday, and my son and his partner have been told they are very likely to be evicted too, as well as all the tenants in the properties this man owns
If this happens they will be homeless, they have a son and daughter with them his son her daughter[age 17] i can help them but not enough room for the kids
I wondered if anyone has been in this situation here, or anyone with experience of this situation,
Thanks for reading

[valeriej43]

Re: URGENT; HELP ,Repossession of all properties due to exes mortgage and business d

Thank you, it is very complicated, as he is such a liar,and she has been kept in the dark, now might be evicted

[labman]

Re: URGENT; HELP ,Repossession of all properties due to exes mortgage and business d

Clearly the priority is a roof over your heads. Have you been to the council and put your name down and explained the situation. CAB are usually very good with these matters. Is contacting RBS to see if you can buy the house from them an option?

Here's a link to another charity who may be able to offer advice:

http://england.shelter.org.uk/

Sorry I can't help further and good luck.

[andrew1]

Re: URGENT; HELP ,Repossession of all properties due to exes mortgage and business d

Good young Tussi has asked me to take a look at this for you, I regret I am no expert in these things and it is quite a conundrum you have here, but I'll try my best and splitting things down to their component parts is something I can do...You say:

"the RBS is taking them to court for repossession of all properties, including the house she and my son live in, which was her divorce settlement,"

How was the divorce settlement arranged? If this was done via court or lawyers, then surely this has been separated from the estate? Did your son and his partner change the mortgage details or is he just paying off on the old mortgage which his partner has kept in the ex's name too? Seems to me like RBS still have some kind of Mortgage or charge over this propertyotherwise why would they come after it?

It now turns out that the ex got a loan for £290000 , which he hasnt paid back either,

Was this loan secured on this property of your sons partners place now in question or got anything to do with her - could she argue that the ex borrowed money without his wife knowing and securing the loan without her knowing too? - there are case laws about that which held that a wife would not be held responsible if she knew nothing about it...not sure which case law, but maybe someone with a little bit more knowledge might point you in the right direction.

Another point is you say this is business debts that have caused this.

You will need to define what kind of business (Ltd Company or sole trader) who were the principal officers of the company and how was your sons ex involved? If this undesirable has secured his business debts with the property, was his wife joint owner or involved in the bank guarantees etc?

(If you PM the company name I can do a credit check on it for you to see whether it has CCJ's etc if it is a Ltd company and the people directing it.)

All I can say is take each of these issues and split them into individual points and try and drive a separator between each one. These banks just bulldoze their way through and rely upon the ignorance of the County courts with their 10 minute repossession hearings to get them through and I have first hand experience of that in two very significant personal cases which has led me to being forced to sell my home. However, by stripping the the mortgages and loans down into date format, event format and then pairing each event off with both the FSA and CCA I have proven beyond doubt that two loans I took out for example were in fact CCA regulated loans which meant the mortgage was not an Regulated Mortgage Contract as the bank states, but a CCA loan and totally unenforceable. Having litigated 5 times throughout my 24 yr mtg they are going to feel the wrath of my claim once I have settled down in my new home. No consolation for your son to have to move then fight it later like I am going to have to do as the courts just turned a blind eye to obvious evidence I submitted and time might be against them to do this exercise under the stress of it all, but if they cannot get proper legal advice ( and with the greatest respect the lawyers just don't have the time to go researching every item and event that has happened) then I'd suggest you get yourself a pad and pencil and take each loan and mortgage back to its roots and analyse the detail, the mortgage terms and conditions, who took what out and under what security and then maybe come back here and we'll try and go through it with you..

It's taken me months if not years to get to the bottom of mine, but I'm there now and it's just a matter of how much they are going to pay me rather than 'if ' things are wrong...not easy to get to that position turning around an eviction warrant, but it can be done if you strip it down to its component parts.

Wish I could give you an easy answer, but just don't rely upon a court to resolve this for you, most county court judges don't have a friggin clue and have just 10 minutes to agree or disagree when it comes to repossession. See if you can't find something to counterclaim with and buy your son some time whilst they reconcile these figures and loans..

[valeriej43]

Re: URGENT; HELP ,Repossession of all properties due to exes mortgage and business d

Thank you labman and Andrew1, yes its very complicated, apparently the mortgage is still in both names, and my sons partner was told they could only take her exes name off after 6 months of her and my son paying it, my son cleared the arrears off when he moved in with her, and the rest of the mortgage is only £17000 ,
her ex has a business called EASY ACCESS i think,cherry pickers, if you look some of my earlier posts up,you will see how complicated it is, he owns several flats and another house which might just have sold ,waiting for confirmation, which he gave her 2 days to move out into the house shes in now,
Also somehow he was claimjing tax credits,as a letter for him came to her present address,she wasnt going to open it, but was glad she did, he was only supposed to be earning £5000 a year, she reported him to the tax people, but obviously nothing was done about it,they hadnt spoken for years, because everything that came out of his mouth was a lie
This house was supposedly part of the divorce settlement as far as she knows through the court,
I am afraid she is very naive,and just gave up in the end, her solicitor was rubbish, and even told her she couldnt get a divorce until all financial matters were settled, then she discovered that her divorce had been finalised monthe before, he must have put things in her name since they split up without her knowledge,as she kept getting demands from the taxman for owed tax, that is sorted out now, but because her name is on so many things,on paper she looks very well off,so cant claim ANY benefits,
He is a sole trader and i am sure he has kept the properties quiet somehow but he has been drawing rents from them so where his money has gone i dont know
Someone looked his business up for me before, i think it was Puffrose, i will pm you with his name,and post again after looking through my previous posts myself

[valeriej43]

Re: URGENT; HELP ,Repossession of all properties due to exes mortgage and business d

Thank you labman and Andrew1, yes its very complicated, apparently the mortgage is still in both names, and my sons partner was told they could only take her exes name off after 6 months of her and my son paying it, my son cleared the arrears off when he moved in with her, and the rest of the mortgage is only £17000 ,
her ex has a business called EAZEE ACCESS i think,cherry pickers, if you look some of my earlier posts up,you will see how complicated it is, he owns several flats and another house which might just have sold ,waiting for confirmation, which he gave her 2 days to move out into the house shes in now,
Also somehow he was claimjing tax credits,as a letter for him came to her present address,she wasnt going to open it, but was glad she did, he was only supposed to be earning £5000 a year, she reported him to the tax people, but obviously nothing was done about it,they hadnt spoken for years, because everything that came out of his mouth was a lie
This house was supposedly part of the divorce settlement as far as she knows through the court,
I am afraid she is very naive,and just gave up in the end, her solicitor was rubbish, and even told her she couldnt get a divorce until all financial matters were settled, then she discovered that her divorce had been finalised monthe before, he must have put things in her name since they split up without her knowledge,as she kept getting demands from the taxman for owed tax, that is sorted out now, but because her name is on so many things,on paper she looks very well off,so cant claim ANY benefits,
He is a sole trader and i am sure he has kept the properties quiet somehow but he has been drawing rents from them so where his money has gone i dont know
Someone looked his business up for me before, i think it was Puffrose, i will pm you with his name,and post again after looking through my previous posts myself

[valeriej43]

Re: URGENT; HELP ,Repossession of all properties due to exes mortgage and business d

Sorry its a LTD company

[valeriej43]

Re: URGENT; HELP ,Repossession of all properties due to exes mortgage and business d

According to my searches,he has no companies now, both dissolved, but cant find out when, [his other business was painting and decorating]

[IanM]

Re: URGENT; HELP ,Repossession of all properties due to exes mortgage and business d

Have you considered reporting him to the police for fraud?

If he has taken out a loan in joint names and secured it on the house that was part of the divorce settlement without your knowledge or signature then you may have a chance to avoid repossession.

According to my searches,he has no companies now, both dissolved, but cant find out when, [his other business was painting and decorating]