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Joint Mortgage with Ex Husband in Default

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  • Joint Mortgage with Ex Husband in Default

    My daughter's ex husband has stopped paying the mortgage on the house (held in joint names) where she and her children live. She wants to sell the house so she can come and live with me. She can't contact him, so I believe she needs to get the court to agree to the sale. However the sale can't be completed without any shortfall between the sale value and the mortgage value being repaid to the lender. The mortgage is 100% interest only with Future Mortgages. I have 2 questions:
    1. If the ex husband can't be traced is my daughter liable for the whole shortfall, or just half?
    2. How long normally do the court take to agree the sale can go ahead?
    Thanks in advance for any advice.
    Last edited by lecoop; 09-01-2013, 07:52 PM. Reason: missing words