AIBU to think this is a form of financial abuse?

[tigerbear]

I’ll try to keep the background brief:
When exDH and I split up, we were fortunate enough to own two properties. We agreed that he’d stay in the house we were then living in and keep that, and I’d get the proceeds from a flat we owned, in order to buy somewhere else.
All worked out fine.
When we split up, it was agreed that I’d pay to have myself removed from the deeds of the house, which was supposed to be a very straight forward process, paying £500 or so to a solicitor to facilitate the process.
Stupidly though, as everything was quite overwhelming at the time of the split, I just didn’t get round to doing it, it was just one of those things that would get done in time.

Fast forward 8-9 yesrs, and I tried to get removed from it year before last. Due to exDH being slow with the paperwork needed, I didn’t go full steam ahead with it until last year.

The paperwork from the solicitor specifies that the mortgage company needs to give their permission for me to be removed.
The lender is refusing to allow me to be removed from the deeds because my ex has made a change to the terms of the mortgage as he now lets out the house.
I didn’t even know I was on the mortgage (considering that I haven’t lived in the house for over 8 years). ExDH says that when he renewed the mortgage a few years ago, it just ‘somehow automatically renewed online or something’ 🤔
So I’m on a mortgage I didn’t sign up for, and have no financial contribution to, yet the mortgage company steadfastly refuse me to be taken off it (they say because they have my signature on the original mortgage taken out over 10 years ago, I still need to remain on it.
They say that I can’t be removed from it until EXDH no longer has tenants, and reverts it back to a non letting mortgage (which he’s not really willing to do as it means he loses rent. He’s saying I have to cover any loss in rent he might incur (which would be a couple of thousand).

AIBU to think the mortgage company is wrong to only consider the actions and wishes of 1 party on the mortgage , ie EXDH’s? It leaves me totally open to financial abuse.
I don’t understand why they won’t just allow me to be removed from it, when I don’t contribute financially towards paying the mortgage - surely there is no risk there??
I last had contact with the lender last July, where I said I’d contact the financial Ombudsman, and they pretty much said ‘fine, you’re welcome to’
At that point I was pretty worn down by it, but now I’m ready to fight again !
Does anyone have any experience in these matters or any advice please?

Absolutely no experience, but my first thought is see a solicitor pronto. If exH defaults on the mortgage, you'd have a serious problem on your hands. Or if he dies?
Get online and research someone decent, don't just go to the nearest firm. You need expert advice I would think.

You will need to get proper legal advice.

But being stuck on a mortgage seems to happen to a lot of people once they are divorced.

Your ex needs to re-mortgage as a buy to let to release you. When did he last change the mortgage? Are there exit penalties?

The Lender is under no obligation to release you but I would ask for copies of the latest application to see if your signature was required. You're on the mortgage so your entitled to see anything in relation to it.

The mortgage company well want two names on mortgage (2 to chase as well as obviously the charge over the property). Mortgage was taken out on the 2 incomes (maybe ExH does not have enough income for 2 properties etc). You cannot just remove yourself from a debt. Mortgages if continuations may just go to standard variable rate when up for other rate renewals this would not require you signing etc.

Thank you for the replies and advice so far.
It just seems so unfair that he can make the changes he wants, but I can’t.
It’s not a buy to let mortgage, just ‘permission to let’.
I think his mortgage is up for renewal next year, and that if any changes are made to it earlier, there would be penalties (which he’s said I should pay for).

We’re you married and are you now divorced?

It sounds like yes to both but that you didn’t get a consent order. You need to go to a solicitor and get advise immediately and start the process.

‘A clean break order is used following a divorce and essentially means that each person's financial affairs are completely severed from the other's. Without a clean break order or a consent order from the court, your ex-spouse could make a financial claim against you at any time in the future’

I don't personally think it's a form of financial abuse at all - it's the mortgage company not letting you leave, not your ex (unless I've read wrong)

Yes he should have removed you from the mortgage all those years ago, but you'd have needed to consent to that anyway, you also could have contacted them at the time to remove yourself.
The agreement between the two of you was you would have the flat and he would have the house so he was within his rights to rent it out.

It definitely isn't an ideal situation to be in and you should seek legal advice from a solicitor to see if there's anything you can do to be removed from the mortgage. Fingers crossed you're able to leave the contract!

@yoyo1234 but I don’t actually pay anything towards the mortgage, and they wouldn’t know my current income anyway, so it wouldn’t have been stated when EX took out his most recent mortgage with them.
It all would have been straight forward if he hadn’t changed the terms of the mortgage to permission to let. It would have been simply the lender saying ok to be removed, and the solicitor processing the Transfer forms.
I’m being penalised for a change he’s made (I do obviously understand and accept that I should have sorted this out years ago, but hindsight is a wonderful thing).

You being lazy is not financial abuse

@Lou98 what I mean is that he’s saying I should pay all of his exit fees (if it comes to that) or loss of income if he loses money by the house not being tenanted (as the lender is saying that in order to make any further changes - ie me being taken off the mortgage - the house needs to be returned to him living there with a normal residential mortgage).
He took out the most recent mortgage without my signature or having any of my income details. This just doesn’t sit right with me…
Also, the lender is only taking into account the wishes of ONE of the people on the mortgage - him.

I would be going back to your ex and saying if he doesn’t sort it you will claim half the property as your name is on the mortgage

See what he says then

@Chloemol I would only say that to him if I could def follow through with the threat. It could all get very messy with him 😬

You said you'd take care of getting yourself off the deeds and then you forgot to do it. That part is on you.

But then when he was letting the house, you'd think he would have said "hey tiger bear" did you take care of the deed thing?

Not sure how it works over there but here in US the party keeping the house must take care of and be able to refinance under their own name, while the spouse letting go of the house must sign a quit claim. My ex and I did this almost immediately upon getting our decree. Very straightforward.

Not sure how to advise you now that you dropped the ball on the whole thing.

Did you not make up a to-do list of everything you needed to do once divorced to avoid this situation?

I did find that my lawyer was not always on top of everything, that I had to be the one to make sure certain things were done on my behalf (and, because I'm such a stickler for compliance, on behalf of ex as well). Lawyers have so many cases they can advise and help but can't micromanage every divorce detail. That was your job, unfortunately.

Hope despite your current situation that you are able to resolve things.

🍀

No expertise or experience, but it occurs to me that when he renewed the mortgage a few years ago there will have been some sort of question or tick box around the subject of any changes. He must have agreed that the situation remained the same as the previous mortgage which isn't true. Surely there's some fraud there?

Question. Were you both on the deed to the flat, and if so, did you sell it jointly and then you got the money, or did he have to quit claim the flat first and then you sold it. Just curious how the flat part got resolved.

Definitely check why he was able to re mortgage without your signature. There is no way that should have been allowed to happen. You might be able to use that as pressure for the mortgage company to release you. If the ex forged your signature then you can tell him he has to get you released somehow or you will take legal advice over his forgery etc

@Notreallyhavingitall makes a good point.

If it could be shown that the renewed mortgage (what is a renewed mortgage??) was done against what the court had ruled, might his ability to let be voided somehow and then you can quit the claim on that deed?

Obviously see your solicitor ASAP.

"tigerbear

@yoyo1234but I don’t actually pay anything towards the mortgage"

Neither does he since he has tenants in there paying it.

what I mean is that he’s saying I should pay all of his exit fees (if it comes to that) or loss of income if he loses money by the house not being tenanted (as the lender is saying that in order to make any further changes - ie me being taken off the mortgage - the house needs to be returned to him living there with a normal residential mortgage)

That does sound fair to me tbh, because you sat on it for so long. If, however, he misinformed the mortgage company about the situation, then it should be for him to pay.

You can’t expect to be on the house deeds and not on the mortgage. And you are being unreasonable if you thought ‘the mortgage company would just remove you because you moved out’. In that respect you have been quite naive.

Tbh you should have removed yourself from both the mortgage and deeds all those years ago.

However, sounds like you are ‘mid deal’ with the lender. (Locked into a fixed or discounted rate). You didn’t agree that that and your ex therefore ‘fraudulently’ agreed on your behalf. So you need to pick up on that.

Anyway - the permission to let thing sounds a bit strange and I don’t see why that would be a reason not to allow you to be removed.

However, other reason would be that your ex is unable to afford to pay the mortgage on his own wage. So I suspect that’s the issue. (Doesn't matter that you don’t pay anything towards it, it’s whats ‘on paper’ they look at).

However, if you can get round that issue, and there is a penalty to pay then your ex should pay it as he signed up for new deal.

The consent to let would be based on the affordability calculated from both parties incomes as at the time the original mortgage was taken out.

When the mortgage was renewed it would have been under a product transfer and it’s likely that the husband said they couldn’t find their ex partner after the divorce so this would be the only option available to them. They could not remortgage in a single name without OP having been removed from the deeds.

This happens quite a lot where couples divorce and one party falls off the face of the earth.

It’s not financial abuse. It’s lack of action on OPs part, and as such she’ll either need to pay the ERCs for the mortgage or suck it up til the end of the term.

Get the paperwork in place so it’s ready to go as the mortgage term ends. As you’re still on the mortgage you can call to get all of these details.

We are both on the house deeds. There is no way we could both be on the mortgage without each of us having signed and been aware - could he have forged your signature? We also both sent payslips etc so that is dodgy. I’d put in a complaint to the bank re mortgage taken out without your knowledge so you assume your signature has been forged and ask them to look into it.

ExDH says that when he renewed the mortgage a few years ago, it just ‘somehow automatically renewed online or something’

This sounds a bit dodgy. You signed up to the original term of the mortgage, not the renewed mortgage. Surely they would have needed both your signatures? I'd talk to a solicitor. If your ex forged your signature to get the mortgage renewed (even online), that's fraud.

Firstly, you need to get a copy of the renewal/ change. Your Ex and the mortgage lender have two different stories, your Ex stating it was an automatic online renewal and the lender saying there was a definite change to the terms and conditions. If he could change the terms to the mortgage without your signature (I doubt it) then so can you.

Financial abuse is a thing, you not getting your financial and legal shit together years after your divorce is not abuse. The mortgage lender is looking out for themselves I.e it’s better to have two people responsible for a debt than one.

Still being on the mortgage gives you leverage. Speak to a solicitor.

Could you start with the mortgage company by asking for a DSAR to get a full copy of your file

Do you have a consent order for your divorce as asked above