Jump to content
jamesandsarah

unusual situation (with house)

Recommended Posts

Hi,

 

We are planning to come over in about two years but have one major headache,

 

My property is in a joint mortgage between myself and an ex, in a nutshell she has done a runner and cannot be traced.

 

I have had no contact in three years,

 

I am in a new relationship and soon to marry and have a baby.

 

 

Mortgage company not interested as I have always paid every month without fail. I have seen 6 different solicitors to no avail. They have not been able to be very helpful.

 

problem is, when i want to sell, I need her signature and im damned if I will let her stop my move to oz. (she will be awkward).

 

The property has 20k equity. I would consider giving this up and 'handing back the keys' on the way to OZ. Has anyone done this? What were the consequences, if any? How did this impact what happened in Australia.

 

Im a very moral person but at witts end!!


IELTS 30/1/16 L:9, W:9, R: 8.5, S:9

ANMAC and AHPRA SENT 15/6/16 ANMAC LOD 2/8/16, AHPRA LOE 18/8/16

EOI (65 points) 10/9/16 Invited 13/9/16 Medicals 29/9/16 189 Visa lodged 1/10/16

Visa 189 Direct Grant 3/11/16

Share this post


Link to post
Share on other sites
Hi,

 

We are planning to come over in about two years but have one major headache,

 

My property is in a joint mortgage between myself and an ex, in a nutshell she has done a runner and cannot be traced.

 

I have had no contact in three years,

 

I am in a new relationship and soon to marry and have a baby.

 

 

Mortgage company not interested as I have always paid every month without fail. I have seen 6 different solicitors to no avail. They have not been able to be very helpful.

 

problem is, when i want to sell, I need her signature and im damned if I will let her stop my move to oz. (she will be awkward).

 

The property has 20k equity. I would consider giving this up and 'handing back the keys' on the way to OZ. Has anyone done this? What were the consequences, if any? How did this impact what happened in Australia.

 

Im a very moral person but at witts end!!

 

 

you may be able to release the 20k equity by remortgaging. a remortgage is effectively a fresh loan so it can be in your name only.

 

to have your cake and eat it too, rent the house out when you go to oz. there is a housing shortage at the moment, so insist on good quality tenants and you should be fine. use an agent and find ways to spend the rest of the rent on the house, that way youre less liable for tax. have a chat with an tax expert you may be able to get some debt in oz, and use the excess rent from your uk property to service it, whilst paying little or no tax. the extra 20k you release can also be paid off by the rent.

if you can make it work, (and it is easier than you might think) you could finally profit from that house!


Chicken, gave me a bad coupon.

Share this post


Link to post
Share on other sites
Guest NeilanGemz

I agree mate, If you have a property in the UK I'd consider just giving it to an agency and forgetting about it. that way 10 years down the line if you decide to come back (or even sell) you will have a considerable amount of equity in there. We also have a house in the UK and we are just renting it out. The agency deals with everything, just make sure you take the fully managed service (don't try and do it alone - I know I'm talking from experience). You can just forget about it, the agency will do everything for you, including insurance for your rent payments.

Share this post


Link to post
Share on other sites

Renting the house out is not an option. I would need her approval/permission. Plus I am not in a position to get a buy to let mortgage. Although I have no idea where she is, she is like the proverbial bad penny and could pop up at any time. If I am in OZ, she can legally reclaim the property, evicting tenants and so on).

 

What I need to know is the fact that there is equity in the house and I would be willing to sacrifice this to the mortgage co to release my financial commitment, can this happen. has anyone heard of this, is this even possible?

 

I spoke to my mortgage company and they stated that both mortgagees need to sign off the sale. Without knowing where she is, this isnt a possibility.

 

I have considered remortgaging, however, I am now self employed (wasn't when i got mortgage) and the business is still in its infancy. (under 2 years old) In the current uk financial climate, I have been told I cannot remortgage enough to cover value of house.

 

I have never defaulted or missed a single mortgage payment or any other credit agreement repayment. I also have no debts as I have paid ever thing off ( apart from the said mortgage)

 

I feel I have played by the book, however the book is no longer helping!!!


IELTS 30/1/16 L:9, W:9, R: 8.5, S:9

ANMAC and AHPRA SENT 15/6/16 ANMAC LOD 2/8/16, AHPRA LOE 18/8/16

EOI (65 points) 10/9/16 Invited 13/9/16 Medicals 29/9/16 189 Visa lodged 1/10/16

Visa 189 Direct Grant 3/11/16

Share this post


Link to post
Share on other sites

We are not moving abroad to escape the debt just the ex!!! I would happily sell the house, pay back the mortgage company their money and have 20K in my pocket. It is the mortgage companies stupid rules that state they need her signature. As I cannot trace her I am at a stalemate.

 

I do not owe any money to anyone else!!! I am the most moral person you could know. However the system is fighting me. how do I sell to move forward when she is awol???


IELTS 30/1/16 L:9, W:9, R: 8.5, S:9

ANMAC and AHPRA SENT 15/6/16 ANMAC LOD 2/8/16, AHPRA LOE 18/8/16

EOI (65 points) 10/9/16 Invited 13/9/16 Medicals 29/9/16 189 Visa lodged 1/10/16

Visa 189 Direct Grant 3/11/16

Share this post


Link to post
Share on other sites
Guest guest30085
We are not moving abroad to escape the debt just the ex!!! I would happily sell the house, pay back the mortgage company their money and have 20K in my pocket. It is the mortgage companies stupid rules that state they need her signature. As I cannot trace her I am at a stalemate.

 

I do not owe any money to anyone else!!! I am the most moral person you could know. However the system is fighting me. how do I sell to move forward when she is awol???

 

Sorry, these threads do slightly go off topic occasionally. Our input is not directed at your dilemma. Maybe one of the mods could move your post to its own thread so it doesnt get lost in the rest.

 

You make get better advice then, its quite a difficult situation, I would imagine you would have to trace your ex, and maybe try to force a sale.

Share this post


Link to post
Share on other sites
Renting the house out is not an option. I would need her approval/permission. Plus I am not in a position to get a buy to let mortgage. Although I have no idea where she is, she is like the proverbial bad penny and could pop up at any time. If I am in OZ, she can legally reclaim the property, evicting tenants and so on).

 

What I need to know is the fact that there is equity in the house and I would be willing to sacrifice this to the mortgage co to release my financial commitment, can this happen. has anyone heard of this, is this even possible?

 

I spoke to my mortgage company and they stated that both mortgagees need to sign off the sale. Without knowing where she is, this isnt a possibility.

 

I have considered remortgaging, however, I am now self employed (wasn't when i got mortgage) and the business is still in its infancy. (under 2 years old) In the current uk financial climate, I have been told I cannot remortgage enough to cover value of house.

 

I have never defaulted or missed a single mortgage payment or any other credit agreement repayment. I also have no debts as I have paid ever thing off ( apart from the said mortgage)

 

I feel I have played by the book, however the book is no longer helping!!!

 

 

the other option, (seems kinda fitting given the way this thread has developed) is to borrow the extra 20k as i mentioned before, then default on the whole mortgage.

as you said yourself, the only reason the bank is refusing to help you is because you always pay. so change the odds. force them to act.

if they reposess the house, who gives a sh!t, youre off to oz anyway and the credit score doesnt follow you. and you get to give the ex wife a good financial kick in the slats for good measure :)

 

i just read again, maybe the 20k is off, but to cut n run will relieve you of this house and the ex's hold all the same.


Chicken, gave me a bad coupon.

Share this post


Link to post
Share on other sites
Guest

Have split this thread as feel its a thread on its own, not lost in the noise :)

Share this post


Link to post
Share on other sites

There probably is a way to find her..she will have some sort of history somewhere that would give away her whereabouts..I used to do something like that for a living....however we were doing this for large financial institutions...not individuals.

 

Point is there ARE ways and means of finding her... maybe a Private Investigator? Might cost you a few £££ but... if you could demonstrate you'd exhausted ALL avenues trying to find her then IF you don't find her,maybe this may be grounds to allow you to sell up without her. Obviously she hasn't paid a penny towards the mortgage in the past few years so there must be some sort of "leeway" there....

 

Have you tried speaking to an estate agent about it...they must have come across this sort of thing before and some smaller agents may even have their own solicitor in the office... I reckon the solicitors you've spoken to aren't interested as you're not technically "employing" them to DO anything at this stage....

 

Good Luck


Rachel, Martin, Abigail (15) & Cassie (9) - Granted PR176 2/12/10 Welder 1st Class. Arrived Secret Harbour, WA 21/1/11. Became Citizens 26/1/16

Share this post


Link to post
Share on other sites

Surely there must be a legal way to sort this out? Considering that she she has only contributed a small percentage of the mortgage she will only be legally intitled to that percentage of the equity and her say would be similarly viewed?

 

Have you tried to Google her? It is amazing what you can find on the net, if she registers to vote in the UK you are almost certainly going to find her. Try this website http://www.192.com or many others like it. If you cannot find her, try her parents, family or friends someone has to know where she is. It may be that she doesn't want to be found but if you let the people know who you contact that there is potentially money involved for her, I'm sure she will pop out of the wood work


TRA Submitted 24/03/11,TRA Successful 18/04/11,WA SA Submitted 19/04/11,WA Approved 20/05/11,176 Visa lodged 20/05/11,Form 1100 to DIAC 22/06/11,CO Assigned 05/07/11,Medicals 19/9/11 Finalized 27/09/11,S.Africa+UK PCC sent to CO 6/10/11,VISA Granted 7/10/11!

 

Share this post


Link to post
Share on other sites
the other option, (seems kinda fitting given the way this thread has developed) is to borrow the extra 20k as i mentioned before, then default on the whole mortgage.

as you said yourself, the only reason the bank is refusing to help you is because you always pay. so change the odds. force them to act.

if they reposess the house, who gives a sh!t, youre off to oz anyway and the credit score doesnt follow you. and you get to give the ex wife a good financial kick in the slats for good measure :)

 

i just read again, maybe the 20k is off, but to cut n run will relieve you of this house and the ex's hold all the same.

 

I have to disagree with that advice.

 

Once the house is repossessed the house will be sold at auction by the bank which could be at up to 30% below the market value.

Depending on market conditions at the time of sale

......................................................................

Example

 

The market price today 180k (160k mortgage 20k equity).

Sold at Auction by the bank when market conditions are different for 126k!

Negative equity of 34k plus all the other charges the bank and debt collectors will add.

 

......................................................................

 

Your ex and you will be chased for the negative equity.

 

And if you return to the U.K you will also be liable for the negative equity.

 

At least this is what happened in the early 1990,s recession to people who handed in the keys.

 

You need professional legal advice as to a way out of this mess.

.


You can ignore reality but you cannot ignore the consequences of ignoring reality

 

Share this post


Link to post
Share on other sites

I am going to scream !!! I have sought legal advice (not cheap or free) and basically up a creek without a paddle!!!!

 

Had to use a tracing agent to try and find my ex, waste of money and time!!! she cannot be found!

Spoken to a solicitor about what ive done to date and the money ive spent - isnt good enough apparently.... how do you find someone who cannot be found?!

to force through a court, you have to givce a valid address!! she doesnt have one!! aggghhhh!!!!

 

Just to recap, joint own a house with an ancient ex. 4 years after she walked out I am engaged with children. NEED to get her off mortgage. Cannot be done!! have a re-mortgage offer but to proceed , need a signature....

 

desperately want to get to oz next year but cant leave house issue unresolved...

 

the house isnt in neg equity but worth less than what i paid, cant afford a costly court battle as well as relocation...

 

cant sell without her consent - she wants stupid amount of money. She is a nasty piece of work and will key car, abuse partner etc etc etc...

 

any advice?? at end of tether!!!....


IELTS 30/1/16 L:9, W:9, R: 8.5, S:9

ANMAC and AHPRA SENT 15/6/16 ANMAC LOD 2/8/16, AHPRA LOE 18/8/16

EOI (65 points) 10/9/16 Invited 13/9/16 Medicals 29/9/16 189 Visa lodged 1/10/16

Visa 189 Direct Grant 3/11/16

Share this post


Link to post
Share on other sites
Guest

Honestly, I don't think there is an easy solution to this. In some ways handing the keys back and taking the hit financially might be the only way to get out of it if you know she will never ever sign to sell (even if she could be found).

 

Also if you rent it out for years or carry on paying the mortgage, she can always waltz back in at any time and quite possibly be entitled to a fair chunk, even if she has not paid toward it. If its a joint mortgage, she could have you over a barrel possibly. There have been court cases where the person who hasn't paid has had a considerable share years later when a house is sold.

 

I'd hand the keys back and make a clean start. It might cost but other options might cost more. End of the day if it helps your sanity and gives you a clean sheet to move to Aus, I'd say consider it.

Share this post


Link to post
Share on other sites

I'd have thought that there would be some sort of legal solution. The two that would spring to mind are:

 

  • You owe your ex £10,000, or some other sum based on the amount at the time of separation.
  • She's deemed to have given up an interest in the house having being absent for several years.

Either way I think that you'd have to go to court to get a judgement to enable you to get your ex's name removed from the deeds and mortgage.

 

I'd suggest speaking to a Citizens Advice Bureau. They offer free legal advice, and whilst you might have a rare problem, I can't see it being unique and they probably have encountered something similar.

 

Missing People also came up in a Google search. They probably could suggest how to deal with this.

Gotelee Solicitors have a piece up on their website about unmarried couples separating, so they might have some insight. Solicitors tend to offer a short consultation for free, so it might be worth emailing them and see if they can advise.

 

It strikes me that the simplest solution would be to contact your ex's family, say that you want to sell the property, and that she would be due some money from it. She might not like you, but being offered £10K (or whatever sum you feel would be a suitable settlement) might actually make her co-operative.

Share this post


Link to post
Share on other sites

Thanks everyone for your advice..

 

We think we have now tracked her down to somewhere outside of UK. (great, that she can emigrate and to hell with a mortgage!) :mad:

We have no address, just a country but we do have a family members address. If we thought she would take 10k we would consider it - but that's unlikely. She has no logic and thinks she is entitled to 50% of the property cost, regardless that its on a mortgage!

 

We now have to think long and hard whether we continue spending money and arguing - no doubt it would end up in court... or we hand keys back.... Loathe to do this. What would be the implications to us in Oz if we entered into a voluntary repossession in the UK??? We dont want to hinder our future out there nor get chased for money!

 

We have considered renting it and move across - however, technically we should have a buy to let mortgage to do so and even leaving that aside, its probably just putting the problem off even longer.

 

Sorry to rant, everyone. Just so angry as I have always been law abiding, never missed a payment on anything, ever! Its so frustrating that some people can run away from their responsibilities whilst leaving others to pick up the mess.


IELTS 30/1/16 L:9, W:9, R: 8.5, S:9

ANMAC and AHPRA SENT 15/6/16 ANMAC LOD 2/8/16, AHPRA LOE 18/8/16

EOI (65 points) 10/9/16 Invited 13/9/16 Medicals 29/9/16 189 Visa lodged 1/10/16

Visa 189 Direct Grant 3/11/16

Share this post


Link to post
Share on other sites
Thanks everyone for your advice..

 

We think we have now tracked her down to somewhere outside of UK. (great, that she can emigrate and to hell with a mortgage!) :mad:

We have no address, just a country but we do have a family members address. If we thought she would take 10k we would consider it - but that's unlikely. She has no logic and thinks she is entitled to 50% of the property cost, regardless that its on a mortgage!

 

We now have to think long and hard whether we continue spending money and arguing - no doubt it would end up in court... or we hand keys back.... Loathe to do this. What would be the implications to us in Oz if we entered into a voluntary repossession in the UK??? We dont want to hinder our future out there nor get chased for money!

 

We have considered renting it and move across - however, technically we should have a buy to let mortgage to do so and even leaving that aside, its probably just putting the problem off even longer.

 

Sorry to rant, everyone. Just so angry as I have always been law abiding, never missed a payment on anything, ever! Its so frustrating that some people can run away from their responsibilities whilst leaving others to pick up the mess.

 

You entered into this agreement with her.

 

On a more constructive note if I were in this situation I would send her a letter through my solicitor offering her 50% of the money I could get out of the house - if she accepted

I would put the house on the market and send her a cheque after sale. If she did not accept or respond I would put a tenant in the property without consent of bank or her knowledge.

 

Risky but not much to lose at this point.


19/03/2012 - Spouse Visa Application arrives | 20/03/2012 - Case officer assigned | 29/03/2012 - Medical at Edinburgh | 04/04/2012 - Police Check posted | Visa granted 10/09/2012 | 12/09/2012 - Flight Takes Off

Share this post


Link to post
Share on other sites
Guest coldtootsies

is her name on the title deeds? if not and she is only on the mortgage then i dont understand why u cant just get a new mortgage arrangement in just ur name?

Share this post


Link to post
Share on other sites

My approach would be:

 

  • Have a word with a solicitor or a Citizens Advice Bureau, and see how a jointly owned property should be divided upon separation. My guess would be even shares of any equity, though there might be an argument for unequal shares if you've been paying the mortgage for the past few years.
  • Put a proposal together giving a range of options. My suggestions would be you buy her out for half the current equity (based on three valuations by agents), or vice-versa if she wants the house; sell the house now, and split any receipts; or offer her half of any profits when you sell it in a couple of years.
  • Point out that she's still liable for the mortgage. So if you defaulted then the bank could (in theory) come after her too.
  • And maybe that if you cannot come to an agreement you'll have no option but to return the keys, leaving her on the hook for any shortfall. I don't know how much you'd need to lean on her, but I'd be inclined not to be too heavy handed.
  • Send this to her via her family. It might be worth writing your own letter (with a solicitor's input), simply because people can get defensive when lawyers are involved.

As I said before, I reckon that given the chance for some cash with no strings attached, there's a good chance she'd take it. She might want to mess you around for personal reasons, but if she's not had contact for three or four years then she's probably well over you.

 

Alternatively, could you just transfer the property and mortgage over to her? Then it becomes her problem. :biggrin:

Share this post


Link to post
Share on other sites

This link may help with some advice. It appears that your only option is to go to court and let the judge decide. It will also help if there are any Police reports regarding her destructive behavior.

 

http://www.advicenow.org.uk/living-together/breaking-up/readers-questions-weve-already-split-up-but-theres-an-unresolved-problem-html,595,FP.html


What if the Hokey Cokey really IS what it's all about?:eek:

Share this post


Link to post
Share on other sites
Guest clarelouise

Hi, actually you do have a couple of options... Unless you actually spoke to a solicitor specializing in lending law then you'll be a bit stuffed by the info they give you!

Firstly, find out from the Mortgage company exactly what they require as far as you taking over the mortgage and putting it into a sole name. If you took out the mortgage with the bank you use, then i bet the bank will have a contact address for her on file. If they have, they can write to her. If not, well you've a fab time trying to track her down. There used to be a way of changing the mortgage into sole name providing you could prove the other party had abandoned the mortgage. Remortgaging into sole name wont work, for one a straight remortgage would need both the current mortgage holders would have to sign the documents. You cannot remortgage to buy your ex out as she needs to agree to being bought out and of course sign those documents!

As far as renting out the property, you do not have to get her permission par se, what you do need to do is advise the mortgage lender that you will be renting it out. Most of the high street lenders, wont care in the least, as long as the mortgage is paid... one half of the mortgagee has scarpered and for 3 years you've paid everything... Feel free to inbox me, different lenders have different criteria, so send me a message by all means...

Regards

Clare

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×