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This one is going to be quite long, so please accept my apologies...
In 1998, I bought my Farmhouse outright in my sole name, with the proceeds from my Late Partners Estate.
The Farmhouse was virtually derelict and need extensive renovations to make it liveable, the land was also unkempt, full of weeds and with fallen down fencing, overgrown hedging etc . I paid for all of this work doing from monies left to me in my Late Partners Will. By this time, I had met someone else, and we were planning our life together. Unfortunately, it was discovered that I had employed cowboy builders and all of the work was basically unsafe and not to building reg`s standards.... I attempted to make a claim against the builders, but they then declared themselves bankrupt with a huge list of debtors!
I didn`t have the money to pay for the work to all be undone and redone by someone, and so it was decided that I would get a mortgage on the property, with my then Partner, as I didn`t have sufficient income to get the mortgage of my own, and he was the main wage earner at that time, so in 2003, we got a mortgage from TMB and the works were completed, and all was well, until in May 2005, my Partner left me, and never returned to the property apart from to steal things when he knew I was out! I have no idea where he lives, and have had no contact with him since 2005, and wouldn`t know where to even start looking for him.
Since then, I have struggled to meet the payments alone, and fell into arrears, and so I decided to sell the house to pay off the mortgage and become debt free and remove the millstone from around my neck . In November 2007, I managed to sell the Farmhouse for £480,000.00. This would have paid off my mortgage, and left me with sufficient to make a new life for myself. My Sister had managed to get my ex Partner to sign the Tr forms for the Land Registry, giving his permission to remove his name from the title deeds, he also wrote a letter stating that he wanted nothing more to do with me or the property, and wanted nothing from any sale as he knew it was me who had outlaid money for the Farm, not him
Therein lies the problem...since my Ex left me, TMB haven`t done a thing to try and contact him, or to try and find him, I fell into arrears, and twice TMB have issued repossession proceedings against me, but they haven`t involved my Ex in them at all, they just wrote to him at my address, an address that they knew he hadn`t lived at for many years! The repossession proceedings were dropped each time as my Parents helped me out .
When I sold my property in 2007, I contacted the Land Registry to ask them to remove my Ex`s name from the Title Deeds so I could complete the sale, they wrote back and said they couldn`t remove my Ex`s name, without a letter of authority to do so, from TMB. TMB flatly refused to remove my ex, and even with the intervention of my solicitor, they still wouldn`t remove his name, so the sale fell through
I found myself in an impossible situation, as I have a mortgage I simply cannot afford, and TMB won`t remove my ex`s name from the Title Deeds of my property because I`m in arrears, and I can`t get out of the arrears as I can`t afford the mortgage payments on my own. I complained at the time in 2008 to the FOS, and they basically sided with TMB.
We are now here some 12 years later, I am in an even worse position, I am in even more arrears, and still they will not remove my Ex`s name, despite the fact they don`t know where he is, and have never tried to make him make any payments towards the mortgage. In 2018, I complained to the FOS again, as I`d again got a buyer for my property, and TMB wouldn`t change their stance re my Ex. The FOS have finally got around to dealing with my complaint, (from 2018!),* I explained that I cannot sell the property as I would either have to get my ex to sign the contract to sell the property, (which is impossible as I don`t know where he is, and have no way of contacting him!), or, get his name removed from the Title Deeds, but the FOS* have said that TMB are not stopping me from selling my property, as I wouldn`t need my Ex to sign as I have TR Forms signed by my Ex agreeing to his name being removed from the Title Deeds, so the Land Registry would remove his name with those TR forms.../ I have provided the FOS with the letter from the Land Registry stating they need a letter of authority from TMB to remove my Ex`s name, but I can`t seem to get any further .
So my question is this, can I sell my property without a letter of authority from TMB to get my ex`s name removed from the title deeds, as my Solicitor advised me that I couldn`t progress any further with the sale of my property, without my Ex`s name being removed from the Title Deeds, but the FOS are saying that I can? The FOS are saying that as I have TR Forms signed by ex, his name can be removed...the signed TR forms are now 13 years old too, so it`s highly unlikely they would be accepted anyway, and I understand my ex would need to provide photo id to go with the TR forms and he is never going to agree to that. I am totally confused...I have only ever sold one property and that is so many years ago, and I don`t know the conveyancing procedures. Please can someone advise me...oh and I should say that the solicitor who dealt with this for me in 2007/2008, retired 10 years ago, and his firm went into liquidation :/*
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In 1998, I bought my Farmhouse outright in my sole name, with the proceeds from my Late Partners Estate.
The Farmhouse was virtually derelict and need extensive renovations to make it liveable, the land was also unkempt, full of weeds and with fallen down fencing, overgrown hedging etc . I paid for all of this work doing from monies left to me in my Late Partners Will. By this time, I had met someone else, and we were planning our life together. Unfortunately, it was discovered that I had employed cowboy builders and all of the work was basically unsafe and not to building reg`s standards.... I attempted to make a claim against the builders, but they then declared themselves bankrupt with a huge list of debtors!
I didn`t have the money to pay for the work to all be undone and redone by someone, and so it was decided that I would get a mortgage on the property, with my then Partner, as I didn`t have sufficient income to get the mortgage of my own, and he was the main wage earner at that time, so in 2003, we got a mortgage from TMB and the works were completed, and all was well, until in May 2005, my Partner left me, and never returned to the property apart from to steal things when he knew I was out! I have no idea where he lives, and have had no contact with him since 2005, and wouldn`t know where to even start looking for him.
Since then, I have struggled to meet the payments alone, and fell into arrears, and so I decided to sell the house to pay off the mortgage and become debt free and remove the millstone from around my neck . In November 2007, I managed to sell the Farmhouse for £480,000.00. This would have paid off my mortgage, and left me with sufficient to make a new life for myself. My Sister had managed to get my ex Partner to sign the Tr forms for the Land Registry, giving his permission to remove his name from the title deeds, he also wrote a letter stating that he wanted nothing more to do with me or the property, and wanted nothing from any sale as he knew it was me who had outlaid money for the Farm, not him
Therein lies the problem...since my Ex left me, TMB haven`t done a thing to try and contact him, or to try and find him, I fell into arrears, and twice TMB have issued repossession proceedings against me, but they haven`t involved my Ex in them at all, they just wrote to him at my address, an address that they knew he hadn`t lived at for many years! The repossession proceedings were dropped each time as my Parents helped me out .
When I sold my property in 2007, I contacted the Land Registry to ask them to remove my Ex`s name from the Title Deeds so I could complete the sale, they wrote back and said they couldn`t remove my Ex`s name, without a letter of authority to do so, from TMB. TMB flatly refused to remove my ex, and even with the intervention of my solicitor, they still wouldn`t remove his name, so the sale fell through
I found myself in an impossible situation, as I have a mortgage I simply cannot afford, and TMB won`t remove my ex`s name from the Title Deeds of my property because I`m in arrears, and I can`t get out of the arrears as I can`t afford the mortgage payments on my own. I complained at the time in 2008 to the FOS, and they basically sided with TMB.
We are now here some 12 years later, I am in an even worse position, I am in even more arrears, and still they will not remove my Ex`s name, despite the fact they don`t know where he is, and have never tried to make him make any payments towards the mortgage. In 2018, I complained to the FOS again, as I`d again got a buyer for my property, and TMB wouldn`t change their stance re my Ex. The FOS have finally got around to dealing with my complaint, (from 2018!),* I explained that I cannot sell the property as I would either have to get my ex to sign the contract to sell the property, (which is impossible as I don`t know where he is, and have no way of contacting him!), or, get his name removed from the Title Deeds, but the FOS* have said that TMB are not stopping me from selling my property, as I wouldn`t need my Ex to sign as I have TR Forms signed by my Ex agreeing to his name being removed from the Title Deeds, so the Land Registry would remove his name with those TR forms.../ I have provided the FOS with the letter from the Land Registry stating they need a letter of authority from TMB to remove my Ex`s name, but I can`t seem to get any further .
So my question is this, can I sell my property without a letter of authority from TMB to get my ex`s name removed from the title deeds, as my Solicitor advised me that I couldn`t progress any further with the sale of my property, without my Ex`s name being removed from the Title Deeds, but the FOS are saying that I can? The FOS are saying that as I have TR Forms signed by ex, his name can be removed...the signed TR forms are now 13 years old too, so it`s highly unlikely they would be accepted anyway, and I understand my ex would need to provide photo id to go with the TR forms and he is never going to agree to that. I am totally confused...I have only ever sold one property and that is so many years ago, and I don`t know the conveyancing procedures. Please can someone advise me...oh and I should say that the solicitor who dealt with this for me in 2007/2008, retired 10 years ago, and his firm went into liquidation :/*
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