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name was removed from the mortgage without consent

  • bobus
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29 Mar 08 #17956 by bobus
Topic started by bobus
Hi

I'm just after some advice really on what to do?

My ex-wife has had my name removed from the joint mortgage without my consent, as far as the Mortgage Lender is concerned this has all been carried out via my ex-wife and her solicitor, my ex-wife had the mortgage lender's application forms to remove my name sent to her address and the whole thing has been carried out without my knowledge. Should my signature have been on this document?

Is this possible within the law?

thanks for listening

Bobus

  • JulesW
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01 Apr 08 #18251 by JulesW
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This must be alarming for you.

The first thought that came to mind was simply calling the Bank or Building Society and asking what their procedures are and then to check if they have been followed.

I can't advise on what the exact procedures should be but I think this should be the first action to take.

Perhaps, calling the Banking Ombudsman would also reveal more information

FBGS

  • Mamacita
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02 Apr 08 #18424 by Mamacita
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You definitely need to contact the bank/building society as soon as possible, in my own experience (but others may tell you differently) it is definitely not possible to remove a name from the mortgage without both signatures, you can't even re-mortgage let alone remove names. If it was as easy as that we would have removed my partner's ex wifes name years ago and wouldn't be going to court to battle for the house.

I really hope you get this sorted. Please let us know how you get on.

Mamacita

  • 2xfoolish
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02 Apr 08 #18433 by 2xfoolish
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trust me, it is not possible to have a name removed froma mortgage without the consent of both parties. I am currently trying to get a name removed from a mortgage but the person cannot be found they havent been near my house in years, never paid the mortgage or any other bills, but i cannot have the name removed unless they agree to it. If your ex has found a way i would love to know so i can get this name removed.
But did u know that even if your nameis no longer on the mortgage you may still have a right to a share of the house. Its called beneficial interest. You can own a house in 2 ways, legal ownership (names on deeds) and beneficial interest. The latter is based ( as far as i understand it) on how much u have put into the house and your needs for a home. best to ask your solicitor. Hope it all works out for u.

  • glueless
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30 Nov 17 #497893 by glueless
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HI my ex got my name taken of deeds and mortgage without my knowledge he went to court and lied said he had couldn't find me ( my mum and dad lived at same house with same phone numbers) had hired a private detective who wrote a report saying I still lived at an address I had moved out of three months before which my ex knew as I had called him asking to store furniture - he served papers on addresses he knew I no longer lived at and it all went through with me not knowing - so it can be done

  • Bubblegum11
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30 Nov 17 #497906 by Bubblegum11
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As far as I know, only if their is a court order and a Judge signs on your behalf for good reason. If it was all a bit fishy, did you appeal/ take the matter back to court?

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