3MTHS ARREARS, EX-PARTNER WONT PAY OR LEAVE JOINT MORTGAGE, I WANT TO TAKE OVER PROPERTY FOR FULL MORTGAGE AMOUNT BUT THE SKIPTON BS WILL NOT LISTEN!greenspun.com : LUSENET : Repossession : One Thread
I bought a property in Nov 1997 with my now ex-partner of 2 years.The mortgage amount is £106k including a further advance of £15k ( I also was duped into giving his £15k of my money)which my ex put into his business before it failed in 1999. I expected the amount to pay for the garage we had planning for, but my ex paid the monies into his failing business, the Skipton did not insist on a re-inspection of the property!We had a daughter in Jan 98 and split in August 99.My ex took me for custody 3 times (and lost)as I have a professional career and he was then in a voluntary arrangement and a stay at home parent. His girlfriend moved in with him (she had a property of her own - rented to his friend) as I left, I was advised to leave for my own safety by my solicitor. Since i left I have rented a flat with my daughter. My ex stayed in the property,he works but income is paid to his girlfriend, therefore, he has no provable income and has been made bankrupt due to not paying his voluntary arrangement. The account is 3 months in arrears and a letter has been sent explaining 7 days to pay.There is 16 years left on the mortgage and he has cancelled our endowments! I have given a correspondance address to the Skipton several times but as yet have not received any statements etc over the past 2 years! I have explained to my ex that I am prepared to take over the property and transfer everything into my sole name, he is not interested and wants to see me reposessed as he has lost everything. I have advised the Skipton BS and they are not interested and pass me through all arrears depts. but I cannot fund my rented property, my daughter and fund the house for my ex and his partner who is due to give birth anytime.I have also contacted a solicitor as my ex pays no maintainence, bounced his half of the nursery fees all of 2000, didnt pay his voluntary arrangement and was forced bankrupt or the mortgage, my solicitor can get a court date to evict him but it will take 6 weeks. I dont have time to do this as the Skipton will be applying for a court order as I type. I have seen the branch manager, spent 2 hours with her and spent 2 hours on the phone to Head Office. Nobody is interested at the Skipton, I have an excellent salary and no liabilities, the Skipton aggred my transfer of equity, but he wont leave! - why are they chasing reposession when I can pay,can they not get him out of the property? I have no time to apply to court for his eviction etc (he has his girlfriend property to go to - they will not be homeless) - WHAT CAN I DO? The mortgage code states to be fair - I have seen none of this! Does anyone have any answers? Would the full details make an interesting public interest story?
I would appreciate any information or opinions as I have no choice but to await reposession as the Skipton states their hands are tied, surely it will cost more to reposess than to help me and gain full ayment of the mortgage?
-- Katherine Jowett (email@example.com), April 05, 2001
This answer came from further down the board (which you should try to read):
"If you've been given a date for a court hearing for the possession, then I urge you to go. If you've got a family then the Judge will usually grant as much time as s/he can. If there is any chance that you can pay off your arrears, the court hearing is your chance to do it."
OK, so now tailor it to suit your particular situation. The point seems to be, go the any repossession hearing and talk to the judge (if the lender won't listen)?
-- Eleanor Scott (firstname.lastname@example.org), April 09, 2001.