house repossecion

[PANDA 1973]

if my house was repossed 10 years ago can they make a claim to claim money back of my new property 10 years later

[buildersmate]

Was the outstanding mortgage sum at the time greater than the selling price of the house?

[PANDA 1973]

no the house was sold for 22,000 less , they have already put a charge on my x husbands house because he as got money in the property , now my x husband says he is going to pass my details on so they can put a charge on mine , can they prove that it is me

[themas]

So the house was sold 10 years ago for �22K less than the mortgage & the lender has a charge on your ex husband's house for this. The normal situation is that a lender has 12 years from the date the debt was last acknowledged to pursue it, but there is a voluntary code adhered to by members of the Council of Mortgage Lenders that they will not pursue such debts unless contact has been made with the debtor within 6 years from - I believe - the sale of the property. So if you have heard nothing from the lender for the last 10 years it may be that they can nothing to enforce the debt.

However, this depends whether they are a CML member (check the CML website) and it may be that the situation is different where the debt is a joint one. In other words, it may be that as your ex was contacted the lender will construe this as applying to you as well. I am not sure about the position on this - CML may be able to advise you. Alternatively, your local CAB may be able to help.

[PANDA 1973]

that is good to know , my x husband got a morgage with the same company that we had are morgage with 10 years ago , thats how my x husband got tracked and thats how they put a charge on his property , but i am not acknowledging the debt because i have been advised because it as been 10 years they carnt get me for it and its my husbands fault that he acknowledge it, could this be right and do they have to prove that this debt is mine as it is in my marraige name and i have now bought my new property in my maiden name as we have been devorced for 8 years , thank you for your time

[kwicky]

I knew someone who had a mortgage during the last slump and could not keep up with the payments so handed in his keys. He left no forwarding address. The B.S. handed the debt over to a tracing agency. Ten years later they found him and decided to accept just �3000 instead of the �10000 originally owing.

[themas]

1. If they want to take any action against you they will have to prove the debt is yours if you dispute it. However, I don't think you would be likely to succeed - it would not be difficult for them to get documents (birth & marriage certificates etc.) to show you are the same person as the joint borrower.

2. To add to my previous post:-

a) If your ex has made any payments on the shortfall this will have acted as an acknowledgement of the debt for both of you, so if this has been done you can probably still be pursued - depending on when he made payments. (I am assuming the lender is a CML member.) However, if he has acknowledged the debt (which he has done) without making any payment this does not commit you.

b) If the lender got a money judgement from the Court (effectively a CCJ for the total outstanding amount) at the time of the repossession then there is no time limit for chasing either of you.

3. If there is no money judgement and your ex was not contacted at all until more than 6 years after the sale then - assuming the lender is a CML member - the lender would appear to have acted in breach of the CML code. It might then be possible to go through their complaints procedure and (if allowed) to the Financial Services Ombudsman to try and get the charge removed and any action stopped. Your ex would need an experienced money adviser to help with this.

[PANDA 1973]

do you know if i can find out on line if the charge as gone on his house already

[themas]

You can go to the land register online and, for a small fee, get a copy of the register entry for his address. This will show you whether a charge is registered.