To report someone for possible mortgage fraud

[Wheredoistart78]

Is it fraudulent to not declare an existing mortgage in another country when you apply for one in the UK?

If he's been paying his mortgage ok for 8 years, the mortgage company really wouldn't care less if he did/didn't declare a mortgage in another country.

If they're getting paid that's all that matters to them.

While I appreciate the position you are in, I think you are trying to address the situation in a way that isn't going to work for you.

The UK bank won't care. They have done their risk assessment and he is repaying them. He isn't paying anything towards your previous mortgage together and their is no court mandated maintenance so why would it be in their interests to do anything. Declaring the mortgage null & void, would involve them calling in the debt and paying costs of legal and estate agents when they have no benefit to doing so. Their priority is the repayment of their mortgage on line with the terms and conditions, not sure situation.

Similarly, the Irish Bank have a joint & several loan. They don't get involved in which of you is making the debt. Once it's being repaid, they have zero reason or motivation to do anything.

Your issues isn't a bank issue.

You need legal advice. Your contributions towards the mortgage will count in your divorce & the way your equity is split. Spend time with citizens advice and legal advisors. Strategic default may be the only way to sell the house before he wants to but again this is not an option to be taken without legal advice as it will impact your credit rating.

Talk to both MABS and Abhaile - free support organisations who assist with debt issues. I suspect they have seen many situations like yours but more important Citizens Advice, Free Legal Aid etc. The banks can't help sort your problem,only the law can.

A@Wheredoistart78
You want to report someone for fraud, or do whatever you can to get them into trouble, and you think I'm mean? You refused to explain any justification for this, although in all honesty I can think of none. If you have a legitimate financial claim then pursue that. But getting someone a criminal record, possibly imprisoned, and certainly fucking up their financial status won't achieve that. This is not about fairness, its about revenge. And often rebounds.

Quite frankly I would mind my own business!

@Quveas try reading the full thread. She has every right to report him and I hope the piece of shit gets everything that's coming to him

The good news is just as he is entitled to half of the house. You will be entitled to half of his assets too. Including his house in England. You can divorce alone after 5 years but I would not divorce without a financial arrangement in place as he can still come after half of the house even years after you are divorced without this

“he can still come after half of the house even years after you are divorced without this”

Is that true under Irish law @Gymmum82 ?

@ThirtyThrillionThreeTrees I have an appointment with mabs on Tuesday and they will more than likely refer me abhaile. They can help me with legal advice, they give you a voucher I think.

This won't be straight forward. It's not as easy as just selling and downsizing as he has many debts tied to the house via land registry. It's an absolute mess.

@Quveas yet he thinks nothing of doing the things you mention to me. Just last week I received a solicitors letting threatening my arrest if MGMT fees are not paid. They're looking for 400 per month from each of us.

You really need to stop burying your head in the sand over this, as it sounds like you’ve reached the point where you’re going to default?
If your bank does repossess, with your large equity increase there will still be a payment back to you eventually. I don’t know legally how that works but if it’s split 50/50 between the joint mortgage parties, you’re never going to see that money again. There may be a legal mechanism that if the house is subject to dispute in divorce proceedings, the bank can’t pay out.
This is me thinking aloud cos you’ve chosen AIBU not Legal Matters 😉
Get to Citizens Advice IE and start getting proper advice.

Let me see if I get the scenario, your ex has moved to the uk and taken a new mortgage and now is saying he can’t cover his mortgage payment of the house he bought with you abroad?

If so, you are very right when you say that you can’t do anything when they move out of the country, is even almost impossible to enforce child maintenance forget about mortgage payments if he no longer lives there.

My practical advice, if that is the correct scenario is

1. Buy him out if you can afford to

2. to stay in the house if you can afford the mortgage payment on your own and talk to a local solicitor about your rights especially if you have dependents.

3. Put the house for sale if you cannot longer afford it and look for a new place in your price range.

I understand none of the above is fair but unfortunately, there is not much that you can do if he is no longer in the country.

@Wheredoistart78

Is it OK if I PM you? I'm not a solicitor or debt advisor and I won't have answers that can help you but I can give you a list of the questions that you need to ask & what you need to determine in relation to his other debt etc.

“This won't be straight forward. It's not as easy as just selling and downsizing as he has many debts tied to the house via land registry. It's an absolute mess.”

All the more reason to stop wasting your time and mental energy on posting half information online on how to spite him over mortgage #2!

You need to focus, and you need to take control. If there are other loans secured on the house, you can’t escape them. So all the more reason to get a financial ancillary order that awards you 100% of any equity finally left.

You really need to concentrate on what helps you now, and I promise you that that isn’t grassing him up to a U.K. lender.

@ForTheSakeOfThePenguin “Buy him out if you can afford to” have you read the OP’s posts?

You can get arrested for that?? Not just potentially evicted or have services withdrawn or taken to civil court for the money? Actually arrested??

@Testina not burying my head at all, I wish I could. Thanks for all of your advice.

They gave 3 options it's up to OP if any are applicable

❤️ good luck with your appointment this week. I know you’ve got a rough ride ahead, but it’s not exactly been easy til now, has it? And this way you will eventually be completely free of the arsehole.

Yes, but it is the first thing ANY solicitor would ask so I thought it was useful to mention it anyway.

She wouldn’t be the first woman on the planet to realisd she can buy the ex out and get a new mortgage once it is defined if she is entitled to a much higher percentage of the house ownership.

Have you read all of OP's posts?

@ThirtyThrillionThreeTrees yes of course you can private message me

@hattyhathat I quoted the first one, but none of the 3 are applicable for the OP.
She’s clearly said she can’t afford to buy him out or continue to pay the mortgage payments. She clearly can’t “just sell” because she’s not the sole owner. I think it makes more sense to read all the OP’s posts before giving advice.

I can't afford to buy him out.

My credit rating is terrible so no hope of another mortgage ever.

My outstanding mortgage would just about covered if the house was sold. Neither of us will walk away with anything.

You're asking all the wrong questions OP. In order to get help in real life, you need to write down details correctly and follow up from there. This will help show you the options, but basically you have to go to court: https://www.citizensinformation.ie/en/birth-family-relationships/problems-in-marriages-and-other-relationships/property-rights-and-the-breakdown-of-a-cohabiting-relationship/.

Relevant info is:

1. You are still married but separated 9 years ago (provide police reports or other contemporary records for the DV, otherwise not likely to be considered)
2. Jointly own a property in Ireland (take deeds copy)
3. No legal separation of finances has been attempted, but you've had no contributions from him towards the children nor mortgage on that time
4. Aware of him having certain specific debts in Ireland [LIST WHAT YOU KNOW] and a property in the UK [LIST WHAT YOU KNOW]
5. Youngest child currently 17, at the time of leaving children were [LIST AGES]
6. Your current income is X and list of significant outgoings comes to Y
7. He is not communicating willingly.