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Ex wife wouldn’t take my name off the property and today it’s been repossessed

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  • Ex wife wouldn’t take my name off the property and today it’s been repossessed

    Post-Divorce Mortgage Nightmare – Seeking Advice




    Hi all, I’m looking for help or guidance from anyone who’s been through something similar.




    I divorced over a decade ago and, as part of a legally binding consent order, I signed the marital home over to my ex-wife. She agreed to take full responsibility for the mortgage and to have me released from it. Despite this, she made no effort to remove me from the mortgage, never attempted to sell the house, and failed to make payments for years.




    The property was finally repossessed this week, with over £70,000 in arrears. I’ve now learned she hasn’t paid anything for at least five years—and it’s been in arrears since shortly after I left the home. My credit has been destroyed, and I’ve had no ability to act because I wasn’t living there and had no control over the situation.




    To make things worse, I discovered in court that she’d been dishonest with me from the start about a fundamental personal detail, which now raises questions about her intent when we signed the agreement.




    Despite being named on the mortgage, I’ve had no voice in the process and was even refused a duty solicitor in court because I didn’t live at the property. The judge seemed sympathetic and said I may have a strong case against her.




    I’ve served two letters already and plan to file a civil claim for damages. I also have full SAR data from the mortgage company, which shows they only ever dealt with her—even though I remained liable.




    Has anyone else been through something like this?

    Looking for advice, encouragement, or guidance on the next steps—especially regarding lenders’ responsibilities and similar legal actions.




    Thanks in advance.

    Tags: None

  • #2
    tag Celestine


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    • #3
      If your agreement (She agreed to take full responsibility for the mortgage and to have me released from it) was in writing, then you should have no worries. Even without this, an application to the Court dealing with your divorce settlement should be consulted as you acted in accordance with the order and shoudl not be held responsible. The lender should take your wife to Court if they wish, but probably find you an easier target. Seek solicitors advice

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      • #4
        This is a complex issue.
        1. Does ex have any assets remaining? No point suing someone who has nothing to recover.
        2. Credit damage would only be rectified if mortgage companies had incorrectly reported the data. There is a potential fraud issue on her part but sadly this is a common problem post separation when one person 'gets the house'.
        "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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        • #5
          If there will still be some equity in the value of the property after all debts have been cleared, then you may still have a chance of recovering from this. Speak with your solicitors about registering a legal charge on the property, which will have to be cleared before the lenders, having taken possession for debt, can then sell it on. If there is not any equity left, then nothing you can do if she also has no other assets to claim against, or a good income that may have a charging order set against it through a court order.

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