Further to my recent question I would also like information on the following

Three years ago me and my long term partner ( wife) split up after 20 years we have 2 children.

She moved out of the marital home and left me to sort it out.

In about October 2000 I signed my wife of of the mortgage to enable her to buy a new house ( without any contest so as secure a suitable home for our children).

I then basically lost the plot and became seriously in arrears which after a period of time resulted in a voluntary repossession in about March 2000.

I have recently learnt that the C&G building society has in March 31st this year sold the property.

I then rang the C&G recoveries department who informed me there was a shortfall of about 30k.

I was never contacted regarding the sale and have spoken to old nigebers who said there was no statutory notice posted.

The two questions I have are

1 I hoped my wife has no liabilities is this the case ?

2 Is there any case regarding the C&G failure to notify myself of the sale under the law of property act 1925 ?

Kindest regards

Kevin Scott

-- kevin scott (kevincsott40@hotmail.com), June 22, 2001

Answers

Hi Kevin..I assume you took over the mortgage on your property by way of transfer of equity from your wife to you - i.e. she was fully and completely removed from the deeds, the mortgage etc? You and your ex wife would have had papers which confirmed that she was no longer a party to the mortgage or had any claim on the property. If this is the case, she is not going to be liable for any shortfall as a result of the repo.

Secondly, yes, in theory, you should have be notified of the sale and notices should have been posted both on the property and in newspapers if the Lender didn't know where you were. However, by reading this site you will find that this doesn't happen in many repo cases (mine included) but is outrageously ignored by the Courts as an inconsequential technicality - error by omission almost (disgusting imho). Hope you can get it all sorted, particularly since you appear to have been most honourable where your ex wife and your children are concerned. Nice to see for a change!

-- Too scared to say (iwasduped@yahoo.com), June 22, 2001.

Yes I agree with all of the above especialy the bit about your ex

-- roger watts (rwatts.homeloans@virgin.net), June 29, 2001.