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Mortgage advice

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  • Mortgage advice

    My mum had a mortgage with her husband but its mainly in his name if that's possible, and by the sounds of it she doesn't have many rights but he couldn't sell without her permission. They separated a couple years ago, but are not divorced. He moved out and now my mum is sending him the money every month for the mortgage, but he is refusing to send her statements so she has no proof where the money is going and if he is paying. Surely she is entitled to statements? She can't ring the mortgage company without his permission, they can't sell the house because they would lose out, she can't afford a solicitor for legal advice, ideally we would like to move and break away from him so she has no more contact. But have no idea what to do, I suggested we rent untill we have the money to get our own mortgage because at the minute it seems she's giving her money away anyway and is getting nothing for it as everything is in his name. What exactly should she do?

  • #2
    Re: Mortgage advice

    I think we need to be clear: whose name is the mortgage in? Is it just her husband's name?

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    • #3
      Re: Mortgage advice

      It sounds to me like the chap is the only one on the mortgage deed and that your mother is on a deed of trust - which means she is not on the mortgage but is on the title deeds.

      What does this mean? Well - let's separate the issues:
      Morthage deed: because the chap is solely on the mortgage then he is liable pay the monthly payment - if he does not then his credit file will be adversely affected and he may loose the house; in which case your mother maybe evicted.

      Title deed: both the chap and your mother appear to be on this deed - so neither can sell or remortgage the property without the other's consent.

      I would suggest the best course of action is for your mother to pay the chap off - ie remortgage the property and give him his share of the equity. This would involve your mother buying the house from him and being on the mortgage deed. For which she would need an income - if you're 18 or over you could also go onto the mortgage, for which your income maybe required for affordability purposes.

      Please let me know if I maybe of any further help.

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      • #4
        Re: Mortgage advice

        I think they must both be on it because she said he can't sell without her permission. My mum doesn't have money to buy him out, she has an income but after paying all her bills she's skint! I am 20 but plan to move out in a couple of years time so I don't think I would like to go on the mortgage

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