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I wish to sue my co-signatory on a mortgage, who immediately…

I wish to sue my...
I wish to sue my co-signatory on a mortgage, who immediately upon signing the paperwork fled the country and immigrated to Australia.
for many years I have attempted to pay the mortgage/factor fees etc
it took me years to get the mortgage defaults down to zero ( due to the sharp increase in mortgage rates at the beginning )
I have now traced this person
can you inform me if I can raise any actions against her that have a possibility of success ?
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Answered in 5 hours by:
1/16/2018
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11,981
Experience: 30 years as a practising solicitor.
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Yes, because you have an address you can sue her. Better still you can do so in the Scottish Courts because the action is concerned with heritable property in Scotland. The success of the action will depend on exactly what kind of action you are trying to raise. However, it may be that she won’t defend the action and that you would get a court order in her absence. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

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Customer reply replied 1 month ago
i was duped into signing a mortgage with her on the promise it would be sold within a couple of months, my belief is she fled the country with absolutely no intention of ever paying 1 penny towards the mortgage or associated bills such as council tax and factor fees. this property has crippled me over the years trying to prevent the property getting repossessed as i knew the bank would chase me alone for the debt as i didn't know where she had fled to. i am currently trying my best to restore the property and although it will never be possible to pay back a fraction of the losses i have taken, if it makes a profit on paper she will be entitled to half. i certainly want to prevent this. what kind of action would you think is appropriate and can it put on hold her receiving any money from the property if she is being sued thro the court system

Between what period have you incurred these costs?

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Customer reply replied 1 month ago
the costs have occurred immediately after the mortgage in 2005 until the present day

You should raise a court action for division and sale and for payment of the whole free proceeds of sale as recompense for the sums you have expended. You will need a solicitor for this type of action.

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11,981
Experience: 30 years as a practising solicitor.
Verified
JGM and 87 other Scots Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you JGM
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JGM
JGM
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