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consent order which indemnifies me any financial commitment to a mortgage with e

  • RS1975@UK
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1 month 2 weeks ago - 1 month 2 weeks ago #512559 by RS1975@UK
In 2014 I got divorced and my ex-partner signed a consent from which "indemnifies me any financial commitment to that property"

I now want to get my own mortgage, but the previous outstanding balance on the mortgage shows on my credit file so I cant, I have asked RBS to remove me and await there response.

How do I get myself removed so I can get my onw house????

there must be a way
Last edit: 1 month 2 weeks ago by RS1975@UK. Reason: typo

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  • WYSPECIAL
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1 month 2 weeks ago #512576 by WYSPECIAL
Are you still named on the mortgage?

It is up to the lender to release you from your contract with them. The court cannot order them to do so.

Usually the court order means that if the lender pursues you as payments have not been paid you can apply to court to get your ex to pay forcing a sale if needs be.

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1 month 2 weeks ago #512578 by RS1975@UK
Thanks

Yes I’m still on it and can access the account online but haven’t paid since we divorced

Surely RBS would see the logical reason for me being Removed and give options so I can get my own mortgage

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  • hadenoughnow
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1 month 2 weeks ago #512585 by hadenoughnow
It sounds like the order meant you had to stay on the mortgage but would be indemnified against arrears if she failed to pay it.

An order of this sort would normally have an end date i.e. youngest child reaching a certain age (usually 18/21). There would also be other conditions such as the arrangement ending on remarriage and the need for your ex to use best endeavours to remove you from the mortgage. This would mean they have to make regular applications to see if they can obtain a mortgage to cover the whole amount owed. Without being sure they can afford it (and this means meeting lending criteria) the lender will not release you.

If the mortgage was not paid, the lender would still chase you for the money. You may have to pay but the court order you have means you could get it back from your ex.

Check the exact terms of the order and let us know what it says.

Hadenoughnow

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