Key Post Judge orders me to get title, even if lender won't allow ex off the title

beingfleeced

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have recently gone through exactly the same situation with my ex. bascially there are two deeds 1. title deed to property 2. mortgage deed.
Once the partner is willing to play ball it is straight forward, in my case my ex signed a deed of transfer relating to the property disclaming all rights to the property- Ulster bank had no problem with this as it does not matter to them if one or both parties have ownership of the property because they bank always have first claim to the property regardless.

it is the mortgage deed which is a seperate legal document, that the bank will not let the parties out off to handy as this is the contract which gives the bank power to chase both parties jointly and severally for any money owing.
In my case the bank were agreeable to let me take my ex of the mortgage and keep my tracker, provided I could qualify for a mortgage in my own right, (which at the moment I can't) so for the present I gave my ex a deed of indemnity, absolving the ex from any liability for the mortgage and me agreeing to be fully liable until such time as I could afford to get my ex off the mortgage- NOW- a deed of indemnity for the mortgage does not prevent the bank from chasing my ex should I default on the mortgage, but it is the best legal protection/cushion that is available in a negative equity mortgage situation.
All of this was rubber stamped by the circuit court as part of a divorce deal- my best advice is anything is possible where the parties are agreeable
 
All - trying to do the same thing - who in Ulster Bank did you speak to and what solicitor did you use if any?

Thanks for response - really need this!!!!
 
Hi Aw7666 prefer not to give specific names but was ordinary loans advisor in Local Ulster Bank Branch,and any solicitor can advise you on this, important point is both parties must be agreeable.
 
Hi - I have court order already to the tune that title goes to me and the mortgage would follow if bank allows otherwise I indemnify other party until mortgage Evan move. I spoke to Ulster bank and solicitor several times and still they seem unable to move forward. Ulster bank seems to have never heard of situation where mortgage and title don't 100% match and solicitor seems to think I need to sort out with Ulster bank direct. I agree it should be straightforward as simply changing title deeds without changing mortgage deed.

Out of interest did you get some kind of written approval from Ulster bank to carry out title transfer that the solicitor then used to back up the title transfers? Could you recommend me the solicitor even as they may be more familiar with the process than the one I am currently using?

Thanks
 
Hi guys

I moved this important issue to a separate thread.

Aw - just to be clear, you have a court order saying that the title goes to you. Has your ex challenged this? Are you paying the mortgage in full?

Ulster Bank's admin and legal systems are really terrible. Obviously it would be better to get the title in your sole name. But even if you don't, the fact that you have a judgement in your favour will allow you to sort it out at some stage in the future.

Brendan
 
in my case my ex signed a deed of transfer relating to the property disclaming all rights to the property- Ulster bank had no problem with this as it does not matter to them if one or both parties have ownership of the property because they bank always have first claim to the property regardless.

beingfleeced. You have a deed of transfer. Does that mean that the property is in your sole name? Did you need any involvement from UB in this matter?

I have heard of people signing a Deed of Transfer , but it seemed to be held by the solicitor and would only be activated when the mortgage was transferred into the transferee's name.

Brendan
 
Hi - I have a court order which is final and even allows district judge to sign if ex doesn't sign - and have been paying mortgage in full for last 7 years. The court order is clear on that I imdenify him against any mortgage claims and he undertakes to sign propoerty over to me. I also have to do my best to transfer mortgage to my sole name when bank will allow it (so not necessary if bank doesn't agree - and they indicated as in negative equity - they don't want to do this.) So still stuck where Ulster Bank doesnt understand why title and mortgage wont match and solicitor who keeps talking about getting approval to move mortgage..

Would be very keen to understand what is the deed of transfer and when/how does this work?
 
Hi,

I'm starting pretty much the same process with Ulster Bank now - seeking a transfer of title.

Just wondering if Aw7666 or beingfleeced have any further information as to how those cases were handled / or are still being progressed ?

thanks - any info appreciated. I will update as things develop.
 
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