In 1991 a property I jointly owned with my exhusband was remortgaged by him without my knowledge.Iwas contacted in in 1996 by a debt collecting agency asking me to pay over £40,000 for a mortgage shortfall on the property.I had no idea what to do and as the property had been in joint names I immediately consulted a solicitor, who had no idea what he was talking about and misadvised me. As I was scared stiff at the time his solution of me paying them a sum each month seemed like the only way to stop the harassment.After 14 payments they began to phone my home and at this point I refused to pay them another penny.Of course I was totally unaware that the limitation period had restarted.For the past 7 years this debt has been past from one agency to another and my life has been hell.I have continually asked them to substantiate their claim by showing me the original mortgage document with my signature.They are unable to find any documentation and are threatening to gain a judgement.HELP
2007-10-31 08:44:00 · 9 answers · asked by beck77 1 in Business & Finance ➔ Personal Finance
let them talk to the answering mac-never talk to them
2007-10-31 08:47:51 · answer #1 · answered by Anonymous · 0⤊ 1⤋
There is legal precedent in a case against a bank where a husband has taken out a further mortgage without the knowledge of his wife to secure business debts that the wife was not legally liable and was able to retain her share in the property when the house was sold whilst her husband lost everything. As a result, every mortgage for every house since the lender has to prove that they at all stages made every effort to keep all parties to the mortgage informed and allow them to make independent legal advice decisions before signing.
I can't remember the date of this case and it may be that your situation just preceeds it but it is worth double checking with a proper property lawyer, not a general solicitor.
There is a limitation period in this country of six years but that runs backwards from today's date until the last correspondence you had with the lender or their agents, whether that was in writing or by phone. If the last contact you had was outside that period, they don't have a leg to stand on. If the contact was inside that period but it was a 'Sorry, I don't know what you're talking about' conversation, that still doesn't count as being within the limitation period. It's only for contact where you've accepted that you know what they are talking about and you may have some interest in the debt.
Speak to Citizens' Advice first. They would be interested to hear your problems, can advise properly about limitations and can point you to a local solicitor who will be able to help you probably at a reduced rate.
2007-10-31 16:16:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Let them get their judgment. First they have to prove that debt is yours.
Invest in caller ID and don't answer the phone when they call. Just make sure when you go to court you are prepared.
You can also request in writing a copy of the original mortgage document. send the request return receipt.
2007-10-31 15:56:51 · answer #3 · answered by Anonymous · 0⤊ 0⤋
First of a go get a good lawyer who specializes in mortgages. I doubt your husband refinanced without your knowledge and put it in your name....that would be fraud. You would have had to sign some papers even if you are only on the deed. perhaps you signed something and didn't realize what you were signing. If you are a joint ower and truly on the mortgage you are liable. A good lawyer can get the paperwork, as by law you are entitled to it.
2007-10-31 15:48:18 · answer #4 · answered by tone 6 · 0⤊ 0⤋
You really need to speak to a sensible solicitor, I don't know if it's worth trying to claim legal aid. My first call would be the citizens advice bureau
2007-10-31 15:49:47 · answer #5 · answered by Ahwell 7 · 0⤊ 0⤋
Cover yourself. Put this in the hands of a decent solicitor.
2007-10-31 15:49:39 · answer #6 · answered by Covscouser 2 · 0⤊ 0⤋
Your post is so confusing but does sound like you do NOT live there .
Let them repo it , deed in lieu of foreclosure .
Your debt exceeds your value .
Sign it back to them and move on .
>
2007-10-31 15:50:01 · answer #7 · answered by kate 7 · 0⤊ 0⤋
Tell them you will pay interest only until they provide some proof that the debt is your responsibility.
2007-10-31 15:48:19 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I don't know how you do your credit in UK but here in the USA
we have statute of limitations and validation
don't know if this site will help you
www.creditinfocenter.com
if they falsely place a judgement without validation you can
sue them back !!!!!
2007-10-31 15:48:52 · answer #9 · answered by Anonymous · 0⤊ 0⤋