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Negative Equity - will Form E help my case?

  • taken4aride
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06 Mar 08 #16031 by taken4aride
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My EX has deliberately created negative equity in the property by forging my signature on a secured loan of £60,000 and trashing the property by allowing various tenants to live there and generally running the property down. He has not paid the mortgage and loan on occasion. He has also persuaded friends to confirm their witness to my 'forged' signature which makes it difficult for me to prove the forgery without a large legal bill.

My EX now says he will 'let me off' the debts and clear them (provided its done on a Clean Break basis) so I get nothing.

I am just being stitched up, but wonder if anyone has any experience of this situation and if it would be better for me to cut my losses?

There are no children involved and the marriage broke down for unreasonable behavior on his part after 6 months. My EX has twice the income of me.

Any advices would be greatly appreciated

  • dukey
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06 Mar 08 #16039 by dukey
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Hello Taken4


Call the lender tell them you did not sighn it

Call the police and do the same

With a short marriage it is usual to leave with what you brought and six months is very short

The differance between Clean Break consent and consent is that with clean break either of you can not make claim against each other after absolute.

the important issue is to sort out that forged signature and then decide if what you brought to the marriage is worth fighting over, oh and you are also due 50% of the FMH increase in value from marriage to FDR, again short marriage so not much.

dukey

  • attilladahun
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06 Mar 08 #16045 by attilladahun
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My EX has deliberately created negative equity in the property by forging my signature on a secured loan of £60,000

[If he has alededly "borrowed" the money then he will be ordered to show where the £ was paid into and the same can be traced.

If the £ is in an account you will seek an injunction to freeze the same]

and trashing the property by allowing various tenants to live there and generally running the property down.

[If the paoperty is jointly owned why cannot you take action against the tenants if they are in breach of their rental agreements about keeping the property in good order!]

[If in his name then -ask in a Questionnaire why H is not taking action to protect the asset- You will no doubt argue LITIGATION CONDUCT.]

He has not paid the mortgage and loan on occasion. He has also persuaded friends to confirm their witness to my 'forged' signature which makes it difficult for me to prove the forgery without a large legal bill.

[Look- this is serious-this is forgery a criminal offence and also if his friends are involved a potential conspiracy to pervert justice-it may be possible to make a "complaint" to the police and if you are lucky enough to persude the busy boys in blue evidence can be obtained from a "graphologist"-hand writing expert.

Indeed you may need to engage one yourself to argue H's conduct. You talk about a large legal bill but if H is effectively loosing £60000 you have £30K + to gain!

Where does he "claim" the money went or was spent on?

My EX now says he will 'let me off' the debts -what debts? What were they incurred for?

I am just being stitched up, but wonder if anyone has any experience of this situation and if it would be better for me to cut my losses?

There are no children involved and the marriage broke down for unreasonable behavior on his part after 6 months. My EX has twice the income of me.

  • taken4aride
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06 Mar 08 #16063 by taken4aride
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Thank you for your replies! Yes, I've reported the matter to the police who gave me a crime reference number and said that they wouldn't do anything unless I brought them the proof!

Lender says that as H has witnesses, it is three against one and therefore they believe the loan was given to us both. Within a couple of months of the loan being granted, all the money was drawn out in cash or transferred to his account in his sole name or used to pay off debts I didn't know about (it turns out he is a drinker and gambler). £10,000 of the advance was for an insurance policy to protect the loan.

H says the loan was for home improvements and wedding expenses. No improvements have been made to the house and no wedding expenses were outstanding.

I can see from the face of it that as he transferred out large sums in cash, it is probably going to be difficult for me to prove what he has done with it.

If it had not been for the £60,000 there would have been a profit (especially if he had kept up with loan payments and had not allowed tenants into the FMH).

  • Elizabeth
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06 Mar 08 #16066 by Elizabeth
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My word - I am sorry you have had such a bad experience with your ex - forgery is serious but a form E alone will not help - the Form E is basically full and frank disclosure of all assets - however, following this there are questions from each side on the each other's Form E/disclosure. It would seem you will be most definitely the one to query more on his side and he will be so busy "defending" he won't question any of your disclosure. Problem is this is where the costs generally come into play as solicitors conduct the questions/answers and any paperwork has to be looked at and copied - admin costs can get very high - each side has to exchange their Form E's simultaneously prior to the FDR hearing. The FDR hearing is generally put in place to try and get some agreement between you - most unlikely to happen in your case as you are dealing with someone who seems less than fair/honest. Following the FDR the judge will likely order your ex to provide proper disclosure but by this time you will have spent quite a
bit on legal bills.

I would be tempted to prove the forgery in the first instance once proven the judge will have a clearer view. Try and avoid court if you can.. it's lengthy, (hearings can be as far apart as three months at a time) and very costly if solicitors are involved. I wish you all the very best.

  • taken4aride
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07 Mar 08 #16068 by taken4aride
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Thank you Elizabeth,your reply is extremely imformative and helpful

taken4aride

  • EmFaith
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15 May 08 #22502 by EmFaith
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I am a bit late with a reply but just wanted to see how you are going and have you managed to sort this out, the reason I am interested is the same thing is happening to me now. My Husband has just left me and two Children saying he no longer loves me but I have now been made aware that two loans he had previously taken out (which I understood to be personal loans) are infact secured on the house. He not only forged my signature but I also believe he has forged the witnesses signatures aswell (His mothers and Brothers). I have sought legal aid and it is now in the solicitors hands. Hy Husband is also a Gambler and although I knew about the loans he assured me they were personal and they were nothing to worry about. (Not even sure how much they are in total). I also believe he carried on topping these loans up over the years so I am just waiting for the solicitor to advise once she has found out all this info. I was married 7 years and I believe the real reason he has left me is because he is now in so much debt that he can no longer cope. The house is up for sale and I have already been told there will be negative equity. I hope you managed to sort this out and If you could reply I would be greatful, Many thanks.

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