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Unpaid Mortgage

  • PeeledBanana
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10 Dec 24 #524699 by PeeledBanana
Topic started by PeeledBanana
Hi, any help appreciated.
After a divorce and ill health, I lost my job and was unable to pay the mortgage on a property that was only in my name. As part of the divorce the house was to be sold and the equity split 69/31 in favour of the ex partner, a slow house sale of 14 months took place and therefore 14 missed mortgage payments meaning that the value and the equity split didnt benefit anyone involved, now the property has been sold the ex is disputing the missed mortgage payments and asking for this sum to be awarded to her. Anyone help with if this is achievable on her behalf?

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10 Dec 24 #524702 by WYSPECIAL
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Unless there was a court order stating you were responsible for making the mortgage payments then it would seem unlikely.

She was awarded 69% of the equity when the house was sold and presumably that is what she got.

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10 Dec 24 #524704 by PeeledBanana
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Thank you, this is along the lines of how I've replied to her solicitor 😁

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11 Dec 24 #524707 by WYSPECIAL
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Similar thing happened to me many years ago but it was a joint mortgage and I stayed there until it was sold but had a mortgage holiday.

She got all the equity but was very disappointed with the amount that was left.

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11 Dec 24 #524709 by PeeledBanana
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Many thanks, very reassuring. I've checked the order and there is nothing in there about keeping mortgage payments upto date, I told her that I was experiencing financial difficulties and also the bank were fully aware and supported. I just feel the solicitor will use bully techniques as he has started to get me to back down, but there is no reason to. The equity hasn't been released yet as she hasn't approved, this is now over 60 days since the sale, not sure how I force it through without going to court.

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13 Dec 24 #524726 by WYSPECIAL
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Who is holding the funds and what does your ex need to approve?

The court order states how the equity is to be split and that should be complied with. The court order only mentions percentages not amounts so all sorts of things could have affected the amount of equity available.

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13 Dec 24 #524727 by PeeledBanana
Reply from PeeledBanana
Morning and thanks for replying, the solicitors acting for the house sale are holding the funds, they said they can't release until she has approved the split of funds?
I agree all sorts could affected it, and yes it's percentage. But looks like I will have to apply for an enforcement order to get them released, so annoying.

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