Housing deeds

[specs17]

Who holds the right to the housing deeds on a mortgage property?
Due to a divorce in marriage, I am trying to obtain the sole name on the deeds.
But the mortgage company is refusing to do the change even though a court of law has granted permission for this
We are now trying to go back to court to get this upheld.
But the mortgage company are saying they do not have any obligation to do this and are not giving any reason as to why they will not.
The only thing we can assume is that there are current arrears on the property however this has been address and arrears are being paid back..

[bednobs]

is the mortgage in your sole name or the name of both partners?

[hc4361]

The mortgage company will not take the name off the mortgage unless it is satisfied you are earning enough.
I don't know why the court granted it - if there was no mortgage then, yes, but not for a mortgaged property.

[sandmaster]

The mortgage company will not budge. At present two people are responsible to ensure the debt is repaid. If they transfer the property (and thereby the mortgage) to one name they have effectively halved their future options if anything goes wrong.
The only way around this is to apply for a new mortgage in your sole name and have the title transferred if it is granted.

[buildersmate]

In addition to the good answers above, if the mortgage company agree to the removal of one of the names whilst the account is in arrears, it reduces their options for the people to come after for repayment of the arrears money.