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I have a mortgage with ME Bank. My partner and I separated…

Customer Question
I have a mortgage...

I have a mortgage with ME Bank. My partner and I separated in July this year and at the time we were signing all the transfer papers etc. He has now lodged the transfer with the titles office and transferred the property into his name only but the mortgage is still in both names. I would have thought he would need mortgagor approval for this

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Queensland

Lawyer's Assistant: Has anything been filed or reported?

In what way?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It was an agreement between the 2 of us, no court order etc.

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/18/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,306
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

s.

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Customer reply replied 7 months ago
I have contacted ME Bank to request they remove my name off the mortgage in light of the transfer and the fact i don't own the property any more.
I have had trouble with privacy act even though i can answer all mortgage questions, they didn't ask me these, they only asked me name, address and banking password (which i don't know as my expartner has set this up)
Solicitor: John Melis, Lawyer replied 7 months ago

was your name on the title the property ?

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Customer reply replied 7 months ago
it was - as joint tenants
Solicitor: John Melis, Lawyer replied 7 months ago

ok,

as your matter is important I have extended a special offer to talk on the telephone.

because removing your name off title without your consent is fraud.

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Customer reply replied 7 months ago
I can't do the phone call at the moment unfortunately. I would prefer to do this at another time at home.I did sign the form 1 transfer so I have given my consent but i was expecting it to be lodged with a discharge of mortgage
Solicitor: John Melis, Lawyer replied 7 months ago

yes you can call me later.

just accept the offer and my numbers will display and you can call me when you are ready ?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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