Name removed from Mortgage

Posted on 30 March 2010 by LEE

Can my name be taken off the mortgage without me knowing? I have just found out that my ex has taken my name off the mortgage account (we still own the house jointly) and told our mortgage adviser that this house is a buy to let. I was not aware until now and is this legal

It should not be possible for you to be removed from the mortgage without you giving your consent. As part of any mortgage application the Lender will ask their solicitors to check the Title of the property, if this does not match the names on the mortgage the solicitor will report back to the lender and not allow the mortgage to complete. This is the same regardless of whether the mortgage is for residential or buy to let purposes.

If you have not already done so, I recommend that you speak to your solicitor. The Lender will not be able to give you any information if your name has been removed due to the Data Protection Act, but your Solicitor should be able to check with the Land Registry if there has been a change of ownership and advise you of your options.

Answers provided in response to Ask the experts are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them.

We recommend you seek professional advice with regard to any of these topics where appropriate.

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