Joint Mortgage - Partner made unauthorised changes

Hi,

I have joint mortgage for a residential property purchased with my partner in 2002. She has since left the house. (mortgage is up to date) But when looking through the documents I noticed some things not quite right.

Firstly I had a Letter from solicitor in OCT 2008 updating land registry folios.I'm not sure what the original ones were but there is a letter here addressed to us both informing changes were made at our (her) request.
I'm adamant that I know nothing about this and I have contacted our solictior to find out what was done? (The last entry reads 'charge for present and future advances stamped to cover XXX repayble with interest to {mortgage lender} )

Also I have a blank copy (mine as my salary cert was attached) of direct debit mandate and 'Assignment of life Policy' (deeds of assignment) blank not filled in.

I have also found application forms for closing (her and mine) single and joint accounts (I rarely used - just transferred money every month to cover mortgage). Along with a loan offer of 10K on her single account.

I've got that sinking feeling, on the loan form she had herself down as main income and myself as zero. (I was the main income but left to start my own business, but was taken with some health problems just before she left)

What should I do, is it a panic situation??
Unfortunately for her the house will barely cover itself if she sells now...

Thx

Could some of those forms just be spare forms that were hanging around when you first took out the mortgage/bought the house?

Any changes made to a joint purchase would need both your signatures. No solicitor would proceed without the consent of both , I don't think. She certainly could not have signed the house over to herself solely without your permission, regardless of who is the main earner named on the documents.

The closing of the bank account - if your partner looked after everything financial - could it be you both needed to open a new joint account to pay the mortgage from? Some lenders insist you open a current account with them and pay the mortgage from that.

Your solicitor will be able to tell you what was going on. It could all be quite innocent. If you are a bit emotionally charged at the moment it could be causing you to be over-paranoid about dodgy financial goings-on that may not actually be the case. Good luck with it all anyway.

Thanks for the reply, yes I suppose some forms could be be spares, and it would be easy to blow things out of proportion in the heat of the moment.

The land registry amendment was definately carried out without my knowledge. And the bank accounts, well again I only have blank application forms but they were with a different bank from mortgage.

Have asked solicitor and mortage lender to send on documents. Still have to wade trough the other bank stuff, buiness accounts, etc. But something isn't right.

Anyway I have to get the house in order, needs tidying. And I'm still trying to get aceess to my 8yr old son who has gone with her.....

If these changes have been made, it would suggest your signature has been forged on application documents. You may wind up with the decision of whether to leave things as they are, or going to the gardai to start criminal proceddings.

Definately changes made to the land registry that I didn't sign for. Finding alot of other unusual things also.. Best thing is .... she doesn't know I'm on to her..

Is the Guards the only way of dealing with it or does it make the document null and void. Not legally enforcable?? (eg, if (/when) she trying to force a house sale I can hit her with it then??

I think she has claimed TRS back payments also, as see no monthly credits from TRS on statement, but a half completed Claim for Prior Years Intrest Refief form on my belfalf. My PPS no & Name / Joint account name, but account No not filled in, her mobile no as my daytime contact. I'm wondering.... How can I check if this was paid? I have the Certs from lender. And in case of TRS for joint mortgage does one person or both claim?

The TRS have a helpline. Helpline on 1890 46 36 26
If you give them your PPS number they should be able to tell you what's been claimed to date, and can answer your question about both people or one needing to sign the forms.

Don't worry, I'll get on to it. Was just wondering from a legal / offical perspective.... As if I was entitled for previous years, I'd apply online and then send them her direction if she's defrauded....

Property Gone

Mortgage interest relief can be back-claimed for the previous four years. It is a personal relief and if you are not married, as joint owners, you make separate claims.

I separate notification, as a joint owner from the land registry of a judgement on the house. If you are a joint owner I am surprised the land registry did not write to you separately.

Don't sit and wonder if someone could defraud you. After 13 years I still had many more shocks to come......

The land registry entry is completely standard.

The forms are just blank forms, nothing sinister there.

What amendment was made to the folio- you do not spell this out? This could be something simple as normally both parties consent would be needed if it were something that would change ownership/charges. Are you sure the letter didn't just enclose 'updated land registry folios'- again this would be completely standard and doesnt actually mean changes were made, it would simply be the solicitor showing you the folios once your registration was complete.

OK, I guess it could be normal. Land registry document came in nearly 2 1/2 years after the sale.... and the value stamped is approx 40K more than the mortgage, less than the sale price at the timee.I got a copy of the loan offer and I can't recall signing that copy. There's "special conditions" attached which stands out uner some credit act 1995 warning to seek legal advice which I'm sure I would have done... (hindsight.... but it doesn't even look like my signature..)

Can I just suggest you check that you are on the title deeds of the property? You may have a joint mortgage but your ex partner may have sole title... Just a suggestion

I'm listed on that copy anyway... but I'd guess I'd better check with someone...

So you're saying the amount for the mortgage on the folio is higher than the actual loan you obtained to purchase the property and you never signed a remortgage/top up loan offer?

If that's the case then your ex would have had to forge a considerable amount of documents in your name so you should certainly investigate.

yes, the amount on the folio is > 40K than the mortgage. We haven't re-mortgaged or topped up. I've checked... What does the value on the folio mean??

get yourself to a solicitor. Its better to be sure than sorry.

+1 re. solicitor.

Matters are too serious and complicated to be expecting a solution via this thread.

OK then done.... Thanks

EDIT ---- Is it really that bad??

Probably not, but there's too much money involved to take chances