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Mortgage dispute effecting credit

3 replies

Speechdelaymamma · 11/02/2023 16:19

Hi everyone

Posting for my mum who is in need of advice.

In 2021 my mum fled her martial home due to DA. She’s a joint owner and her name is on all mortgage documents. While living there, her husband paid the mortgage while she paid him money towards it. She’s had no choice but to leave and privately rent somewhere for her own safety and has been relying on the slow court system for divorce proceedings to withdraw her stake from the property.

However, since moving out, her husband has been significantly underpaying the mortgage and it’s negatively impacting both their credits. She can’t pay the remaining amount because she’s had to move into private. The mortgage lenders aren’t starting repossession of the house despite it being over a year of very small mortgage payments. She’s been looking at her options for once the assets are divided and she has her money out of the house, but is there a way she can get the markers off her credit file given the DA and situation? She’s concerned she won’t be able to get a mortgage on her own because her credit file will look like she’s failed to keep up with payments.

OP posts:
VanCleefArpels · 11/02/2023 16:22

A tricky situation in horrible circumstances

As joint mortgagee she is legally liable for the whole of the mortgage repayments. As is her ex.

Strictly speaking she is in default and yes it will impact her credit rating.

Has she approached the mortgage lender to explain the situation and at least freeze the arrears?

Speechdelaymamma · 11/02/2023 16:31

The freezing of arrears would only be for a small amount of time and this has been ongoing for well over a year with no sign of it ending any time soon (unless the house is finally repossessed or there’s a force sale).

I should add that her inheritance paid the deposit and is safe through a deed of trust. She’s eager to get her money back.

OP posts:
VanCleefArpels · 11/02/2023 20:17

She shouldn’t wait for the divorce then and issue proceedings to force a sale. If she is able to clear the arrears as a result then her credit score will be better

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