Home Repossession

LegacyUser

Hi all,

Bit of a strange one. My fiance built this house himself 14 years ago (he is a builder). He built the house as his partner at the time became pregnant, that relationshio ended but eventually he met someone else. She moved in, with a child of her own. Long story short she said if anything happens to you then your child gets the house (her mother until she's 18) and me and my child will be left with nothing. They go into the bank and get a re mortgage to get her name on the mortgage. Her loans were paid off in doing so. Then 3 months later she left.

Building trade went south, unable to pay full mortgage alone so he slipped into arrears. We met 3 years ago and I've known from start. Anyway the mortgage is still very high and we can't make full amount every month. We have been on contact with bank and today we went in. Basically we were told there is lots that could be done but as her name is still on mortgage she needs to agree to anything (she won't btw).

I don't know exactly what I am looking for coming here. I've a mixture of emotions. We kill ourselves and sacrifice to make payments but they are not enough so house slipping further into arrears yet nothing can be done. I'm angry at him for being so stupid as to sign over his house, he is paying for it now, as am I. The future is looking pretty dim right now. I've no obligation to the house so I could just walk away but I won't because I love him yet I'm angry I am paying for his mistake with another woman and I don't want to end up resenting him.

I really need some advice, I can't talk to any friends as he doesn't want anyone to know he is so ashamed.

Taltos

Nothing to be ashamed of here. We all have a past and making this committment only speaks volumes to the type of character your OH is. Clearly someone who is very trusting and caring.

Look - I have no idea on this and to be honest the bank can only advise from their viewpoint - who owes them the money. The best thing you can both do is seek some legal and financial advice. Maybe legally there is an option here, but also explore with advice the liabilities of walking away. If she won't part with it or remove her name can she cover the mortgage herself.

Get prepared - get documentation, proof of repayments, and any evidence that she contributed in anyway to the mortgage. But make those appointments asap. Also consider using some of the resources on the charter for example mabs for some help on planning your budget etc.

The_Morrigan

OP, sorry can you clear one thing up for me here?
Her name is on the mortgage? As in, she is responsible for the payment of the loan.
Or is it that her name is on the deeds of the property? making her a legal owner.

LegacyUser

Hi there,

Thank you for your replies.

No her name is not on the deeds, just his. Her name is just on the mortgage. Her name was put on the mortgage in May 2007 and she left in Julyn 2007. She hasn't or never did pay a penny towards the mortgage. He started slipping into arrears after her name was added.

The bank said there are many options, one being halving the mortgage, so say mortgage was 220,000 then it would be 110,000 and the rest frozen and only paying monthly repayments on half which is totally doable BUT she needs to sign off on anything despite never paying a penny.

She sent him solicitor's letters (she is a legal secretary and turns out the solicitor was not actually siging off on these) to get her name off the mortgage but bank obviously refused point blank.

Basically we are stuck between a rock and a hard place. The lady in bank was very nice and said she would ring the ex herself and try to convince her that it is indeed in her best interests to play ball for now.

I don't know what to do, we've been to the bank many times and solicitors. We are playing ball with them and trying our best but it all comes back to this one issue.

dellas1979

Am I getting the story correct? The house is being left to a child, that isnt his, and the mother, who he has no legal claim to, isnt paying one cent towards a mortgage that is half in her name?

Really think you need a (specialised) solicitors advice here-as I would have thought that if her name was on the mortgage, she would be liable to pay/contribute. Its not really what "she wont do", its about legally what she has to do.

Do you know, for example, if the house was repossed, what would happen (for him and for her). If the house was repossed, she wouldnt really have a choice now, would she. You are kindof keeping her dream going there (paying for it out of your own pocket). It might make sense to sell the house/let it get repossed, cut his losses on what is owed (more managable), and start afresh. Again, these are things a solicitor would advise you on.

I know solicitors are expensive, but this is something short term to pay for right now, for long term happiness.

movingsucks

I think the house was to be left to his own child but the mother has another child that isn't his as well?

dellas1979

You are after getting yourself into a mess, that you didnt create. The only way (but you dont mention this option) is to change tactic, and remove yourself/monetary help from the situation. Because in actual fact, you are not helping anyone. You are now carrying the burden.

At this stage, I would simply stop paying her half of the mortgage. Its nothing to do with how much you love your partner. Its simple business/your future/protection and for your own well-being.

No offence, but what if you both broke up in the morning? What would you have to show for 4/5 years paying her mortage payments? You yourself are not legally entitled to anything!

Make it his and her's problem. They need to sort it out. Not you. Its obvious your current tac isnt working/getting ye anywhere.

Edit: I would certainly look into your own options of what happens if the house goes under and you are married to him. It will affect your future considerably. You are still single right now (legally). As soon as you marry him, if you ever went for a mortage, they will take it as a joint application i.e., they will automatically assess him also. I actually think you are lucky not to be married to him right now, not from a love point of view, but from a financial POW.

The_Morrigan

stresscentral wrote: »

Hi there,

Thank you for your replies.

No her name is not on the deeds, just his. Her name is just on the mortgage. Her name was put on the mortgage in May 2007 and she left in Julyn 2007. She hasn't or never did pay a penny towards the mortgage. He started slipping into arrears after her name was added.

The bank said there are many options, one being halving the mortgage, so say mortgage was 220,000 then it would be 110,000 and the rest frozen and only paying monthly repayments on half which is totally doable BUT she needs to sign off on anything despite never paying a penny.

She sent him solicitor's letters (she is a legal secretary and turns out the solicitor was not actually siging off on these) to get her name off the mortgage but bank obviously refused point blank.

Basically we are stuck between a rock and a hard place. The lady in bank was very nice and said she would ring the ex herself and try to convince her that it is indeed in her best interests to play ball for now.

I don't know what to do, we've been to the bank many times and solicitors. We are playing ball with them and trying our best but it all comes back to this one issue.

Thanks for the clarification OP.
That is a horrible situation to be in.

Firstly, you are right to talk to the bank, I know they get a bad rep all the time, but there are a lot of individual staff that are there to help. Also, talk to MABS and try get an appointment with a member of staff in FLAC (www.flac.ie) to get free legal advise from them, you can then engage a solr based on what they say.

Keep all correspondence, copies of all statements, payments etc. Try to keep everything in writing, if you do need to make a phone call, follow it up with a letter confirming everything that was said.

Also, in relation to the bit in bold above - please report that incident to the law firm/solrs involved. That is a massive risk and they will not be pleased at all.

I hope this works out for you, my friend has just gone through this and he was unable to get his ex to pay for the mortgage despite her being on the deeds/mortgage. She also thought that once she left she wasn't responsible anymore. They came to an arrangement after months and months of letters back and forth between solrs and the bank. It is a long process and it take a high level of foresight, common sense and communication with all parties involved.