[ Post New Message | Post Reply to this One | Send Private Email to pendle | Help ]

Response to Ex wife obtained 2nd mortage prior to repossession

from pendle (pendle_666@yahoo.co.uk)
If your lender was aware that your ex-wife had left the property, then that would explain why they are chasing you for the shortfall and not her. I have seen in cases where there has been a marriage split, that the person left behind in the property is in the one which the lender chases. Its highly likely that the lender is not aware of where your ex-wife lives. Sometimes if they've latched onto one,they don't seem to bother with the other. As you had a joint mortgage, then you are both liable for the shortfall, so you should insist that the lender contacts your ex-wife as well.

If her new home has equity in it, then the old lender could, if they had a money judgement order for the shortfall, get a charging order on the house. This means when your ex-wife comes to sell her home, not only will she have to clear the mortgage she's got on it, but also pay off the amount she owes on the court order. It is possible for the lender with the charging order to force a sale however, but still the first mortgagee gets paid first.

I would recommend that you read through the information on this website for further information and make sure that the shortfall claim is fully justified.

(posted 8074 days ago)

[ Previous | Next ]