Removing My Name From Halifax Mortgage

[Ninj901]

I'm currently going through divorce proceedings. The house is going into my ex-wife's sole name and she's taking the mortgage on in her own name. The deed of transfer has been agreed and signed by both of us and has been forwarded to the Halifax. When I phoned the Halifax to see if my name had been taken off the mortgage they couldn't discuss it with me because of the DPA and it was my ex-wife that was stopping on the mortgage they could only discuss it with her!!!! Like she's going to tell me anything!! The Halifax also informed me that in order to have my name removed from the mortgage they also required a fax from my ex-wife's solicitor telling them that my name can be removed. My own solicitor thinks that a fax is not necessary on the grounds that the Halifax already have the signed title deed with my name removed. Sorry its a bit long winded, but any advice folks? Whose right?

[ubasses]

This sounds a bit strange as normally a Mortgage Co will not remove a name from a mortgage. The person retaining the loan usually has to apply for a new loan and be assessed for affordability. When this has been done the old mortgage is repaid, if there is any fixed rate involved this will be carried across after they have received written authority from you. If your ex does not meet their criteria they will have the right to refuse her a new loan, the existing joint would have to stay in place until alternative arrangements have been made.

[ladybirder]

I agree with ubasses, that is the usual procedure. If she cannot sustain the mortgage on her own you might have to consider selling the house.

[ToraToraTora]

one way is to wait a few months and then apply for your credit report if the mortgage is there then it should be shown as no longer active.

[RandyMarsh]

if the mortgage is in joint names then it can be discussed with you. maybe the transfer has already taken place. Dpa cannot be hidden behind if yr name is on the mortgage.

[DrFilth]

Ninj901 my mates friend has had a similar problem he has been divorced for many years and this year was the last he had to pay due to court order and age of child

his ex now pays the mortgage ( what is left of it ) but the building society will not allow his name to be removed

his solicitor says it is because if she defaults they will chase him for the money