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Removed from deeds but still liable for mortgage

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  • Removed from deeds but still liable for mortgage

    In 2003, I purchased a flat with my ex boyfriend, we split up a couple of months later and I tried to buy him out from the property but he refused. I suggested we sell the property to come to some agreement but every time we had a buyer he would pull out of the sale and 3 years after splitting up and becoming very stressed and ill I just wanted the matter to be resolved. I received a letter from his solicitor in January 2006, this said that if I was to sign the letter and agree to the transfer of property into his name I would be released from the mortgage. I signed this and I did not seek legal advice, to be honest I was young, very stressed and didn't really have anyone I could go to for advice. I received £1000 from my ex through his solicitor for this transfer.

    This week I have tried to apply for a mortgage in principle but when the lender was going through my credit report they told me I already had a mortgage. I thought this must be a mistake, I have access to Equifax but this has never come up on there. They were reviewing all 3 credit reports and said it was on the one that used to be call credit and I had not accessed this one.

    I went into the bank yesterday to clarify what the situation was and they said I am named on the mortgage and that nothing has changed, there is nothing they can do because I am jointly liable for the debt. I looked on the land registry and my name has been removed from the deeds. So basically, I don't have any right to the property yet I am still liable for the mortgage. The bank were able to confirm that my ex has been making payments but that the mortgage is interest only and none of the capital has been repaid.

    I have contacted my work union for free legal advice and they suggested it was a professional negligence claim on behalf of my ex's solicitor because they didn't do what they said would do in the letter. However, after contacting several professional negligence solicitors they have been unwilling to take my case. I have tried calling many other solicitors to try and get some help with this and either they are unsure of what can be done or they want money upfront to be able to help.

    I am in a position where I can't afford to take legal action, I am not sure who I would contact anyway to help me and I cannot get a mortgage until this has been resolved. There are another 10 years on the mortgage and this is causing me distress. Contacting my ex is not an option, it was a very messy break up and he was very controlling and I really can't go through that again.


    If there is anyone who can give advice or help I would really appreciate it, because at the moment I feel very trapped!

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  • #2
    Originally posted by babypenguin View Post


    I have contacted my work union for free legal advice and they suggested it was a professional negligence claim on behalf of my ex's solicitor because they didn't do what they said would do in the letter. However, after contacting several professional negligence solicitors they have been unwilling to take my case. I have tried calling many other solicitors to try and get some help with this and either they are unsure of what can be done or they want money upfront to be able to help.

    I am in a position where I can't afford to take legal action, I am not sure who I would contact anyway to help me and I cannot get a mortgage until this has been resolved. There are another 10 years on the mortgage and this is causing me distress. Contacting my ex is not an option, it was a very messy break up and he was very controlling and I really can't go through that again.


    If there is anyone who can give advice or help I would really appreciate it, because at the moment I feel very trapped!
    You will have a hard time getting one solicitor to go up against another in such issues. Believe me, I tried to get a bent one carpeted but the police ignored my accusation of fraud being committed by this particular solicitor, and the Scottish Legal Complaints Commission closed ranks and defended him. Any approach to another law firm was met with silence. An industry insider confided in me that it would be commercial suicide for a solicitor to go up against another. Go figure.

    I'm afraid that there's no way out of not paying the mortgage if you want to keep your credit score clear but this is a real Catch 22 situation as you'll never get another mortgage whilst paying off another one, unless you're earning loads of money and could afford it. You could try threatening the Ex that you'll stop paying t your share. That might alter his perspective as any mortgage shortfall will reflect on him, too.

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    • #3
      Originally posted by Captain Haddock View Post

      You will have a hard time getting one solicitor to go up against another in such issues. Believe me, I tried to get a bent one carpeted but the police ignored my accusation of fraud being committed by this particular solicitor, and the Scottish Legal Complaints Commission closed ranks and defended him. Any approach to another law firm was met with silence. An industry insider confided in me that it would be commercial suicide for a solicitor to go up against another. Go figure.

      I'm afraid that there's no way out of not paying the mortgage if you want to keep your credit score clear but this is a real Catch 22 situation as you'll never get another mortgage whilst paying off another one, unless you're earning loads of money and could afford it. You could try threatening the Ex that you'll stop paying t your share. That might alter his perspective as any mortgage shortfall will reflect on him, too.
      Thanks Captain Haddock, I've been finding that no-one will return my calls so that makes sense now! What a nightmare

      Comment

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