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Still Party to a Mortgage in Arrears

Posted on 16 June 2010 by Emma


My partner had a mortgage with a prevous girlfriend.  It ended badly and he left the house, he contacted the lender and told them the suituation and he stopped the payment out of his account. Recently the bank has been in contact as the mortgage is now in appears, she hasnt paid for 4mths and they can't contact her. We realise he is liable for some of the debt, but would like information on what we can do next. There is no way of my partner can afford to taking over the mortgage and arrears.

Emma

As your partner is still party to the mortgage he can be held liable for all of the mortgage debt and the required monthly payments regardless of whether he is living in the property or not.

The fact that his former girlfriend has now also stopped paying the mortgage and can't be contacted has left the bank with little option than to try and recover the monies owed from him. It is in his best interests to try and resolve the situation before the bank apply for a repossession order. If this happens he will find it nearly impossible to obtain any sort of credit or a new mortgage in the future.

In the circumstances I recommend that he seeks independent legal advice about his mortgage obligations and contacts the bank with a view to coming to a mutually acceptable arrangement to maintain some sort of monthly payment until the property can be sold or the title transferred.

 

Peter

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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YOUR PROPERTY MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR ANY DEBT SECURED ON IT.

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