Hi, I'm being pursued for a shortfall on a mortgage taken out with my ex-husband. I left the home, he carried on living there without making any more payments until the house was repossessed.

I have sarn'ed all parties involved and I'm currently going through all of the documents. On the mortgage application, my ex-husband is the first name applicant, I'm the second. When we signed the application I signed in the first named applicant box, him in the second.

Does this in any way invalidate the application/agreement? I need to know as I am held "joint and severally liable" for this alleged debt.

Thank you in anticipation

-- Don't Want to Say (stiffed_by_ex@yahoo.co.uk), June 13, 2003

Answers

It matters not who is the first and who is the second applicant - as you say, you are both jointly and severally responsible for the debt so either or both of you can be pursued for the whole of the amount claimed.

So in answer to your question - the fact you signed in the first box instead of the second does NOT invalidate the mortgage deed - in fact, at the hearing when the repossession was granted, the judge is under a duty to ensure that the mortgage deed is in order otherwise he cannot make an order for possession.

-- David J. Button (davidjohnbutton@supanet.com), June 13, 2003.