Abey national repossession - costs ... options ???

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I bought a house with my partner and susequent husband a year and a half ago it is a shared ownership property with a mortgage on quarter of the home - ten thousand ... he left in jan of last year and has since paid no money towards the property. Since then i have been searching for a way to get rid of the property but have been told by all the advice companies that with no way to trace him i cannot sell the property my only option appears to be repossession.

I am confused about the best way to do this ... is voluntary reposession better than going to court and what sort of level are my costs likely to be ????

can anyone help with some advice ... thanks

-- A. Non (xxvdkdrnkrxx@hotmail.com), January 08, 2004


Hi A.Non ! I have read your post with interest. Its not something that I have come across before but I am responding because I cannot help but wonder about the quality of the advice you have been offered to date. It seems very strange that you need to force a repossession in order to responsibly tidy this situation up, as indeed you are attempting to do. Likewise, it seems very strange that should you choose to stay, your parter (despite going AWOL) can benefit from his equity without making any contribution. My logic tells me that there must be a legal proceedure (possibly involving a newspaper notice) to strike him off your property. You won't strike him off the loan itself but at least you will be able to sell the property and conclude the matter with the lender. Keep digging on this and I am sorry if I am giving you wrong advise. Something in my bones tells me that there should be a way out of this one ! Good Luck

-- (tony@usefulpages.com), January 13, 2004.

Has nobody thought of advising you to obtain an order of court giving you the sole power to sell the property.

A solicitor should be able to advise on this method. As to service of any proceedings on your other former half, this an be done, again by order of court, through newspaper adverts - called substituted service.

Even if this method did cost you a few bob, it will be a lot better than the loss you will sustain if you allow the property to be repossessed and eventually sold for peanuts - you might even end up with a shortfall!!!!!!

-- David J. Button (davidjohnbutton@supanet.com), January 13, 2004.

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