Mortgage arrears - Bank taking payments

lucy2010

This is not my situation - someone elses but very curious.

Seperated couple with joint morgage & its 8 months in arrears. Every payment over 13 years has been made by him. DD stopped on account as ex wife was to start paying yet never did hence 8 months of arrears. Bank simply took money from his account without any authorisation given ( DD was stopped last year). Bank said they dont need authorisation as mortgage is in arrears & its theirs to take ! Also said they dont care on marital situation as equally liable. If this is the case why didnt they take the money equally or is it just a case of TOUGH !
Can the bank just do this?

andre2010

lucy2010 wrote: »

This is not my situation - someone elses but very curious.

Seperated couple with joint morgage & its 8 months in arrears. Every payment over 13 years has been made by him. DD stopped on account as ex wife was to start paying yet never did hence 8 months of arrears. Bank simply took money from his account without any authorisation given ( DD was stopped last year). Bank said they dont need authorisation as mortgage is in arrears & its theirs to take ! Also said they dont care on marital situation as equally liable. If this is the case why didnt they take the money equally or is it just a case of TOUGH !
Can the bank just do this?

Hi Lucy,

This in fact incorrect, it has to be. A bank cannot withdraw money from an account if no DD is set up on it. That is highly illegal. But in saying that, was the DD with the same bank as the mortgage? Some banks wont allow a dd on a mortgage to be cancelled unless a new one is set up in its place, so they may have just kept the old DD running. ( although if no payment was made in 8 months then id say the dd was cancelled, unless he purposely didnt leave enough money in his account to withdraw for the mortgage)

Both parties are equally liable regardless or circumstand unless legal papers were submitted to the bank saying divorce settlement etc etc. But unless the bank had the wifes dd details on file, there would have been no way from them to withdraw the funds.

He is still liable for this mortgage regardless of the arrangment they made where he pays first etc etc. The banks dont care, legally he is still obliged to pay. Unless it goes to court and he can prove he was paying and she wasnt.

I still cannot believe the bank just took 8 months of arrears out of his account without informing him first, or without authorization, its highly illegal, id say there is more to this story that your not being told

Victor

Presumably the bank doesn't have access to her bank account, whcih may be in another bank.

lucy2010

andre2010 wrote: »

Hi Lucy,

This in fact incorrect, it has to be. A bank cannot withdraw money from an account if no DD is set up on it. That is highly illegal. But in saying that, was the DD with the same bank as the mortgage? Some banks wont allow a dd on a mortgage to be cancelled unless a new one is set up in its place, so they may have just kept the old DD running. ( although if no payment was made in 8 months then id say the dd was cancelled, unless he purposely didnt leave enough money in his account to withdraw for the mortgage)

Both parties are equally liable regardless or circumstand unless legal papers were submitted to the bank saying divorce settlement etc etc. But unless the bank had the wifes dd details on file, there would have been no way from them to withdraw the funds.

He is still liable for this mortgage regardless of the arrangment they made where he pays first etc etc. The banks dont care, legally he is still obliged to pay. Unless it goes to court and he can prove he was paying and she wasnt.

I still cannot believe the bank just took 8 months of arrears out of his account without informing him first, or without authorization, its highly illegal, id say there is more to this story that your not being told

No thats it -

Turns out letter did go to the property advising of arrears - actually numerous did which she didnt forward on. His account is in same bank, hers isnt. Wham say money in account & just took. Since posting Ive heard legal advice has been sought & letter on its way to bank lol. Same advice given of going to court to prove all payments made by him. Just think its mad they could just do that so beware folks !