Can't pay Interest Only Mortgage back on time.

[redrose281]

In 2003 My then Partner and I took out an Interest Only Mortgage based largely on my partners wage as I only receive a pension from my late partner. In 2004 my partner left me, he hasn't paid a penny towards the mortgage since, but despite this, The Mortgage Business has refused to take my existing name off the mortgage which has caused me numerous problems.

The Interest Only Mortgage is due to be repaid in full on 30th September. I have managed to secure a private sale for my property so I can pay the mortgage off but my ex is blocking the sale as he is refusing to give his permission to sell so it looks like I'm going to have to go down the legal route to make him tow the line, which obviously isn't going to happen overnight..I think my ex would rather see the property repossessed!

My question to you lovely people is this....are TMB able to go straight for possession and turn up to evict me, or do they have to claim repossession through the courts? I am hoping TMB will allow me the extra time to get matters sorted so I can pay them off but they have been less than Co operative all along, which is terrible given that the mortgage was mis-sold in the first place but the FOS wouldn't consider my complaint as I was out of time through no fault of my own....please can anyone advise me as I'm petrified that come 30th September I will have bailiffs at my door to evict me and I'm really poorly at the moment with folate deficiency anaemia and liver failure.

Many thanks

[redrose281]

Sorry the last sentence in the first paragraph above should say the mortgage company have refused to take my ex's name off the mortgage.

[efpom]

You cannot be evicted without an Order for Possession. you may find this useful.

https://england.shelter.org.uk/profe...on_proceedings

[atticus]

you can go to court seeking an order requiring the property to be sold under the Trusts of Land and Appointment of Trustees Act 1996.

If your ex is 'on the mortgage' then this is because he or she is a co owner of the property.

[redrose281]

Thank you efpom and atticus for your replies, I am very grateful.

I just hope TMB will allow me the time to sort this out as the last thing I need at the moment is a Court battle with TMB as well as with my ex with my ill health right now.