Equity Home Loans

Help-Mortgage issue!!!!!!?

me and my partner have split up. we have a joint mortgage. he hasnt paid the mortgage for the last 6 months and has moved out. i have since been paying the mortgage alone. i have obtained consent from the mortgage lender to have my ex released from the mortgage, the property has no equity. i have instructed solicitors to do the transfer and to have my ex released but he will not consent to the transfer and being released from the mortgage. is there anything i can do? i dont want to sell as i will incur a massive loss with all the redemption penalties and due to no equity.

Public Comments

1. Find another partner that is handsome and loving like me and then in time he can replace your old partner and put his name on the house and pay with you
2. Maybe you should have spoken face to face with him in a civilised manner, by approaching him with anonymous solicitors you have got "his back up" so to speak. i am sure if you had arranged a civilised meeting in a cafe or something he would have transferred the rights over more easily.
3. Surely you have equally rights ? I don't think the fact that his hasn't paid for 6 months matters. ( not saying i agree with it ) So he can equally say that he doesn't want this to happen. I suspect the house will end up getting sold, unless you continue to pay a mortgage where he can claim half the equity at any time...which i doubt you'd want to do. My (relative) stopped paying the mortgage, the house got reposesed in the end. My (other relative ) didn't even know about it as s/he was estranged from him/her.
4. can you not buy him out? i know you said there is no equity in your home but my dad and mum split and he went to see the bank manager and he increased the morgage to pay off my mum so she had some money and he kept the house and she took her name off the morgage.
5. Firstly, do you wish to keep the house or home or whatever the property is?.If he wishes to stay on the mortgage, then let him as this helps you in case of legal action in that you may have recourse to him for a portion of the debt.Get a statement from the mortgage company of the present amount outstanding and have him acknowledge it.Then, after when you pay, you can show to any court that you were paying the mortgage and not him.If you can carry the place on your own, then do so, but if not, consider taking in a boarder as a sub=renter in order to generate more income to pay the mortgage as well as utilities to ease your burden. If not, then let the mortgage go into default by not paying three months payment at which time, they will demand payment and proceed with power of sale. At that time, the entire mortgage is now due thus freeing it up to pay off from another lender where you have gone to arrange and receive approval for another new mortgage in your name. Then, you transfer to the new mortgage company which may have offered a better deal than what you have now.Make sure you arrange this mortgage before proceeding with the stop paying action because you do not wish to be caught without a back-up.With the new mortgage, try for the best terms that best serve your requirements as to monthly amount, term, open or closed and amortization period.
6. Take him to court and suit him for the part he has not paid to date...and then ask the judge that since your partner isn't making payments if he would sign over the home to you or make his payments. If he can't make his payments maybe the judge will insist by order that he do a Quit Claim Deed...which means his name remains on the mortgage but he gets no part of the home. He could, of course hire his own attorney to ask for his part of the money he put into the house and then you owuld have to come up with that amount to repay him. So before you go to court to sue him, figure out how much he paid into the home already (by his payments) so you can provide that info to the judge. You'll need that proof, plus the 3 monthly requests (via certified mail return receipt) that you've sent to him requesting payment on the mortgage. The judge will also ask if your partner is supposed to pay the mortgage company or pay you. And when you bring this to court you should also include the mortgage company in the suit. And that's the tricky part. You'll have to then ask the mortgage company in court if you could still continue the payments on the mortgage by yourself. They may want a new credit report and hopefully you have the income to support those mortgage payments by yourself. You'd need an attorney to represent you.
7. I would speak to an Attorney that handles Mortgage Law. If you don't get a solid answer, please contact me. I can provide you access to your Legal Rights and grant you the ability to speak to Attorney 24 hours about any Legal Matter. For more information, click my picture. Hope to be of service to you. JD
8. O.K I know this may sound mean, but the answer is easy. Play hard ball, this may mean spinning the odd porky. Tell your partner that as of next month you are going to stop paying the mortgage unless he signs. Tell him the house is in negative equity now and the costs will sky rocket. Also tell him that you have had to borrow heavily to keep the house up till now and that when the house is reposessed you will declare yourself bankrupt and he will be liable for the entire cost of what is left of the mortgage. If he has any sense he will speak to a legal/financial advisor who will tell him to sign it.
9. Yes, demand that he pay for his half, going back six months, and in the future too, and when he cannot or will not, then he has forfeited all rights.