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Original poster

Deserted house with money owing.

32 replies

Shockedidiot · 19/05/2014 22:12

(name changed as I'm a regular with RL pals on here)

I split with my exH in 2009. I left the house because he wouldn't, so as I was the main wage earner I continued to pay the mortgage for 5 months then the Ouse went up for sale and he was supposed to pay the mortgage. As far as I was aware the house was sold and we owed 3 thousand after all the debts etc had been paid so I gave him £1500.

Jump forward till November last year when I wanted to buy a house for me and the kids. Can't get a mortgage.

Seems ex didn't sell the house. He abandoned it and it was repossessed and sold. There is an outstanding amount of £28000 on it!

Can anyone tell me where I even start to sort out this mess? I can only afford £50 a month towards this debt, is that enough? Who do I contact to offer this? I'm mortified! All advice welcome.

OP posts:
RandomMess · 19/05/2014 22:16

What was the financial divorce settlement? How was it repossessed without the mortgage lender contacting you - I'm sure legally they have to?

Original poster
Shockedidiot · 19/05/2014 22:20

We haven't been divorced yet. Just separated. I went to see a solicitor initially but all we did was draft an agreement about the children.
I had left the property and I deco was not consulted by anyone. I was then away for a period abroad so was out of the loop. I trusted he had it sorted but he has just moved to another city and buried his head in the sand. He says they have never contacted him since he left the house.

OP posts:
Original poster
Shockedidiot · 19/05/2014 22:27

Should I ring them? A person in work thinks it may be written off as they haven't contacted me.. I am so clueless about these things. Is there anywhere I could get advice quickly?

OP posts:
Original poster
Shockedidiot · 20/05/2014 06:46

Bump

OP posts:
Roshbegosh · 20/05/2014 07:00

He wouldn't have been able to sell it without you signing documents and being involved. You have a shared responsibility for this mess and you should see the CAB for proper advice. Sorry OP, it is a nightmare, but not all down to him. You trusted an unemployed feckless person with this big debt, I hope they can help you.

ALifeOfPie · 20/05/2014 07:09

I'm sorry but you sound massively naive - as rosh says it is impossible to not know whether or not a massive asset like a house has been sold or not, if it is being sold you have to be involved and you will be in no doubt whether or not that has happened. Sorry to be harsh but it was hugely irresponsible to leave it for years before you even found out that you had this kind of debt against you and it's probably a good decision on the part of the banks not to lend a new mortgage to someone who has such a low level of financial savvy.

The interest alone on a £28,000 debt will be at least £120 per month, possibly more than double that depending what interest is being charged, so offering £50 per month will do nothing to sort this out.

Fluffycloudland77 · 20/05/2014 07:13

They probably wrote to you at your home address. I think debts can be written off if you refuse to acknowledge them for 6 years.

Similar happened to a colleague of mine and they had to go bankrupt.

Your ex sounds a right twunt, landing the mother of his kids in this mess.

ALifeOfPie · 20/05/2014 07:26

Fluffy debts can be written off if the lender fails to do anything about them for 6 years. The debtor can't make them go away by ignoring them. Bankruptcy is indeed quite likely and I fully agree with you about the ex being a twunt.

keli5325 · 20/05/2014 07:28

for mortgage shortfall the debt is not statute barred until 12 yrs not 6yrs

Fluffycloudland77 · 20/05/2014 07:45

Oh I see. If he has forged your signature on documents (I know it sounds far fetched but it happened to us and the mortgage company never noticed) you can go to police over it.

Original poster
Shockedidiot · 20/05/2014 07:47

As part of our separation he agreed to sort the house if I didn't persue him for maintenance so I never ever received any correspondance about the house and assumed that was because he was sorting it.

OP posts:
Original poster
Shockedidiot · 20/05/2014 07:50

As part of our separation he agreed to sort the house if I didn't persue him for maintenance so I never ever received any correspondance about the house and assumed that was because he was sorting it.

I know it's sounds naive but it was a time when I had a lot on
My plate.

OP posts:
Unexpected · 20/05/2014 08:06

But if you had a financial interest in the house how did you think it was going to be sorted if you never signed anything or were consulted about the house? Your only hope might be if he did something fraudulent to persuade you the house had been sold - you say as far as you were aware it was sold and you owed £3000 between you afterwards. Where did that information come from? Did he show you a memorandum of sale, a confirmation of an offer from an estate agent, something else??? Or did you just take the word of this lazy, lying man?

Original poster
Shockedidiot · 20/05/2014 08:14

I took his word for it. He said he had paid it and I could give it to him when I had it. I wanted rid so I just gave him it.

OP posts:
SuperScrimper · 20/05/2014 10:01

So you wanted a mortage but can only pay £50 towards your debt Hmm

juneybean · 20/05/2014 10:26

Well yes she's probably still having to pay rent?

Unexpected · 20/05/2014 10:44

I presume the £50 is all it would be possible to pay after either paying rent or a mortgage?

OcadoSubstitutedMyHummus · 20/05/2014 10:52

You couldn't have sold the property without your signing the sale papers. Did this not occur to you? And you handed over more money to him without asking for and proof of the shortfall?

Unexpected · 20/05/2014 11:02

Well, for starters I would get on to the CSA. If the agreement was that he would sort the house if you didn't ask for maintenance, I presume he has not been paying anything towards your children so you need to get that sorted. I'm not sure why you would have agreed to that tbh as the house was obviously in negative equity and you ended up actually giving your ex money.

I can't help legally but think you need some urgent advice from CAB, if one of our resident lawyers doesn't turn up on this thread. I wouldn't believe the person at work who told you the debt is written off if they haven't contacted you - presumably they didn't know how to contact you? If they do make contact, make sure they also have your ex's new address.

Ignorance is no defence against owing the money either. They only have your word that you left the home and trusted your ex to manage the sale. Unfortunately, many people could tell them that story and particularly as you didn't sign any paperwork, they will very legitimately wonder how on earth you thought the property could have been disposed of without you being involved?

Unexpected · 20/05/2014 11:03

Btw, how did you think that him handling the sale of a house in which there was no equity was fair exchange of paying no maintenance for your children? Presumably that wasn't advised the solicitor in the agreement you had drawn up?

notapizzaeater · 20/05/2014 11:05

I'd post this on the money saving expert site as well as getting legal advice.

SantasLittleMonkeyButler · 20/05/2014 11:13

The mortgage company will have sent two copies of all of the paperwork out regarding the repossession - one addressed to you & one addressed to your H. As you were still financially responsible for the mortgage after you left, you really should have either kept your mortgage company updated with your address or at least had your mail redirected.

However, if both were sent to the house - where no-one was living - it would explain how the house could be repossessed without either of you knowing. Although H should have had a pretty good idea!

It would not have been possible for the house to be sold without your signature on the contract of sale, but I suppose not everybody knows that? Even if you were out of the country, you would still have had to sign the contract.

As for the £1500 - what was that even for? H's back pocket fund? Although, as you gave it willingly I don't suppose there is much chance of getting it back. With hindsight, you should also have signed something then to make it clear what that £1500 represented.

Actually, why didn't you have your mail redirected? I don't think I'd want my ex receiving my post Confused.

Sadly, I don't think there is much you can do to help the situation now though - apart from waiting out the years until it no longer appears on your credit file.

CharmQuark · 20/05/2014 11:27

Do you have any record of the agreement that your DH would sort the house? Anything in writing (e mail, documents, written notes - anything) that sets out the agreement? Any written evidence from him about what the £3k was for? Receipt for the £1.5k? Evidence that you moved out of the house?

Was the solicitors who dealt with the agreement about the children aware of this arrangement, even as ain intention? If so they should have your file and notes.

I would go with any evidence you have of any correspondence or agreement with your ex that he would take over responsibility for the house, and seek legal advice.

I do hope you can get this sorted.

Unexpected · 20/05/2014 11:42

But the unfortunate fact remains that even if the OP can find some evidence of her ex having agreed to take over the house sale (and the mortgage payments in the interim?) that never actually happened, her name was never removed from the mortgage or any other paperwork and she still remains liable for the debt. So the idea of what may or may not have been agreed is really irrelevant because it never became reality and the OP would be expected to know that she never signed anything to that effect.

Grumpyoldblonde · 20/05/2014 12:24

Hi, firstly, this debt will not be written off, you borrowed the money and it must be repaid. Who owns the debt now? has the lender sold it on to a collection agency? If so they will have bought it for peanuts so you may have the option of making a full and final settlement. My partner owed £15k on an old mortgage and was -paying £75 a month, with non stop phone calls to up the payment, this debt would never have been settled so I wrote to them and offered £2k full and final settlement, they accepted 2.5K and it is now just a dim and distant memory.
If you can scrape together a reasonable lump sum then I would make an offer.