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Getting name off joint mortgage - advice needed

Ruthking
by Ruthking 17 October 2012  |  Comments 2 comments  |  Love Love  0 loves

Hi all,

I have read a post here by 'pippypipster' with the same title and hope she has solved the issue.

I am now in a similar situation. I wonder if anyone here could help as I am afriad that the solicitor is not going to act promptly.

I bought the property jointly with my ex in July 2007, we split up in Apr 2008. I moved out in Apr 2008, my ex paid me off of all my previous contributions and I agreed not to have anything to do with the property. He continues to pay the mortgage himself ever since and lives in the house with his new partner.

I have requested him to take my name off the mortgage deed and the joint ownership several times. He agreed to do so in 2008 and 2010 but never heard from him since. I thought it has been dealt with and never pursued further.

Now I am buying a property, and the credit check shows that my name is still on the mortgage deed. In the meantime, he is selling the property and asks me to sign some papers which means I am still the joint owner.

I have emailed him many times asking about why my name is still on the mortgage but have not got any reply. I have tried to call him but no answer. I have contacted the solicitor who dealt with the property transaction in 2007, he agreed to write to my ex and copy me in. But it has been a while and nothing has happened. I have given the mortgage lender the solicitor's contact details, but I do not know if the solicitor will act promptly.

Could you advise any other things I could do to speed up the process?

Many thanks,

Ruth

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Comments (2)

  • SoftwareBear
    Love rating 216
    SoftwareBear posted

    Is your ex using the same solicitor ?

    If so you shouldn't use them.

    Remind your solicitor that you've got a life to get on with.

    Hopefully your ex won't be able to sell the house without your compliance ... which of course will get your name off the mortgage.

    Don't sign any of the paperwork without consulting your own independent solicitor.

    Posted on 17 October 2012 | Love Love  0 loves Report
  • MikeGG1
    Love rating 879
    MikeGG1 posted

    If he is wanting to sell, that is good news for you because it should clear that mortgage. You should definitely use a different solicitor from your ex because there could be a conflict of interest.

    Your solicitor should check any documents that you are requested to sign, just in case. There probably won't be a problem because your ex wants to sell, but you never know.

    So far as timescales are concerned, it is not in your interest to delay matters, so get those documents to your solicitor. He should also be able to provide confirmation to your new mortgage provider that your old mortgage will get cleared. They might defer it until it is cleared but they should be able to make an offer on the assumption that it will be cleared.

    Good luck.

    Mike

    Posted on 17 October 2012 | Love Love  0 loves Report

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