Divorced and want his name taken off mortgage

[EvesMama]

hope someone can help.

my mum has been divirced from him now for almost 10 years however, his name is still on the mortgage deeds.

i (and my money grabbing brother), have been trying to get her to sell up and(me)get a warden control place and enjoy the rest of her life the way she should have done years ago..brother = he'll buy house of her for what she 'bought' it for..eg £6'ooo(now worth at least £50'000at brother)and 'rent' it back to her at cost of mortgage???meaning when something happens he has a nice little earner in the house..anyway...told her today if she is wanting to sell, then she should sell through agent and not to brother for pennies..but because she has seen nothing from her ex in ten years, and his name is still on mortgage, she seems to think she cant sell and cant get his name taken off???????

(sorry about the rant in the middle)

does anyone have any knowledge or experience on this please..id appreciate it so i can help her
TIA

Evesmama, was the ownership of the house not party to the divorce settlement? my understanding is that if two parties are named on the house deed, both parties have to agree to the sale and one party cannot act alone. I would recommend legal advice, as if your brother buys your mums house, he could then sell it from under her, making her homeless. Her only protection would be if she and he signed an Assured Shorthold Tenancy, which gives her some legal protection. If his name is still on the mortgage, generally, mortgage companies will only allow a name to come off, when the person remaining has enough income to support the loan( using income multiples, generally 3x or 4x income). If the loan is negliglble in relation to the value of the property, then these criteria are often relaxed.
Put a shout out to Orinoco, she's FSA regulated too( and i think is more up to date on mortgage stuff than me)

Evesmama, was the ownership of the house not party to the divorce settlement? my understanding is that if two parties are named on the house deed, both parties have to agree to the sale and one party cannot act alone. I would recommend legal advice, as if your brother buys your mums house, he could then sell it from under her, making her homeless. Her only protection would be if she and he signed an Assured Shorthold Tenancy, which gives her some legal protection. If his name is still on the mortgage, generally, mortgage companies will only allow a name to come off, when the person remaining has enough income to support the loan( using income multiples, generally 3x or 4x income). If the loan is negliglble in relation to the value of the property, then these criteria are often relaxed.
Put a shout out to Orinoco, she's FSA regulated too( and i think is more up to date on mortgage stuff than me)

Is the house registered in joint names or just the mortgage? If it is just the mortgage, then there shouldn't be a problem. It might be that the mortgage company wouldn't agree to removing his name at the time of the divorce, because it gives them more security, but that the house was nevertheless transferred into your mum's sole name. If your mum sells the house and pays off the mortgage, the mortgage company won't give too hoots whose name(s) are actually on the mortgage. It is the land registry which requires the signature of all registered owners.

thank goodness you understand and agree about my brother!

i searched the web last night and it seems that she can get his name taken off if she applies to the court to have the names changed on the land registry..he would need to be contacted to sign something and the mortgage company contacted..dont have the full ins and outs but have rang her and told her this so she can mention it when she gos to solicitors today.

he 'said' she could have the house when they divirced..but for some reason this was never done legally??
solicitor said to her last week that it was doubtful she would be able to remove his name??...am gonna ring my solicitor this morning and ask her advice...just hope i can convince her to sell it herself for market value..have explained to her if she sells and rents..what will she have to fall back on..i would hate to think that i had nothing to fall back on or provide for Eve if anything ever happend to me and i think my brother is just seeing pound signs