How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6430
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

In December 2007 me and my ex partner took out a mortgage in

Resolved Question:

In December 2007 me and my ex partner took out a mortgage in both mine and his name, we split up and i left and moved back home as it was easier for me to as he had 3 children from a previous marriage hence why we took out a mortgage so we had room. I know i should of took my name off but at the time i just couldn't think as it wasn't the best of break ups, my ex partner had a good job so wasn't concerned about him paying the mortgage, the only txt i ever got was him telling me that the house had been repossessed and he was legally bankrupt. i had know idea this was going on as we have had no contact what so ever since we split up which is coming up to nearly four years roughly. When i checked my credit file as the alarm bells were ringing big time i saw it on my file, in august 2010 it had that the accout had been closed, i received a letter this morning from the actual mortgage company more or less saying that i had to pay what was left or if i couldn't they could come up with a payment agreement (im guessing monthly installments) their is no way i can afford to pay for a house that doesn't exist, i know it does on paper though. i have no paper work on the house what so ever i couldn't even tell you what the mortgage monthly payments were. any help and advice would be appreciated
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

The house has been repossessed and sold by the lender.

Correct?

Tom
Customer: replied 1 year ago.


Im sorry I honestly couldn't tell you, this is the first time the mortgage company has wrote to me

Expert:  Thomas replied 1 year ago.
Drafting your answer now. 5 mins.

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You mentioned that your partner has said that the house has been repossessed. I assume that it has and this is why the lender has written to you.

If repossession has occurred then the lender would have sold the house and recouped as much of the mortgage as they could from the sale. If there are monies left over then they will pursue those persons named on the mortgage – ie. You and your partner.

Unfortunately, the liability under joint mortgage is joint and several. This means that the lender can sue either or both of you regardless of whether you lived at the property, had ceased paying the mortgage or had an agreement between you both that one of you would be responsible for the arrears.

Regrettably, this means that they can sue you if you were joint mortgage holder. They certainly will if your partner is bankrupt as well. You need to be proactive with them in agreeing a repayment plan unfortunately. If don’t then they will apply for a money judgement against you will and potentially your bankruptcy. This would then ruin your credit record.

You need to work out how much is owing, contact your partner to see what he can pay and then negotiate with the lender to agree a repayment plan.

I am very sorry that I could not have better news for you. It’s an awful position to be in.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

I couldn't even tell you where he is never mind contact him, i new it would be horrific news but thanks

Expert:  Thomas replied 1 year ago.
Hi,

If you google 'tracing agents' and your locality there will be plenty of service providers who can attempt to trace him.

Please remember to rate my answer.

Kind regards

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6430
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice