Solicitor advising against capitalising arrears

Straight question but perhaps not straight forward answer.

Bank agreed to capialise arrears , limited impact on monthly payments , how ever ex-partner refused to sign arrears capitalisation form. Her solicitor advised her not to as it would not be in her financial interests.

So is there anyway I can still get arrears capitalised?

Try printing off this Key Post

Capitalising Arrears explained

I suspect that the solicitor doesn't understand what it means.

There is no disadvantage to the borrower in capitalising arrears. I can't see how there is any disadvantage to the borrower's ex .

Brendan

My ex did the same on advice from his solicitor a few years ago. Basically it was because he did not want the mortgage company to have any of his updated details plus he had decided to cut all contact and ties with the mortgage company which was easy for him to do as I was paying the full mortgage. Your best bet is to try and get a court order to transfer the equity (my ex refused to sign this form too as although this is what he wanted he was advised to not cooperate with the banks at all) or to try get an order whereby you are the sole decider in factors pertaining to the mortgage which will be easier if your ex is not paying their share. I have recently done this myself but it was tied to a divorce so not sure if that is different.

OK, so it's not actually the capitalising the arrears is the problem. It's having any deals at all with the bank.

Thanks Markswoman , yes I am pretty certain this is it , as is my solicitor too but we can't draw them out. The financial interests comment was in one of the letters back and forth.
Regarding cutting all ties with mortgage bank , yes, she has done this but bank could easily find her as employment (state) has not changed.

Will check into getting an order where I am sole decideron factors relating to the mortgage.

CouldBe said:

...Her solicitor advised her not to as it would not be in her financial interests...

Click to expand...

Mind me asking if your the solicitor in question, is qualified to give financial advice ?

... also, what would be the alternative, if the debt remains in hardcore arrears and perhaps gets worse - I suspect the lender may call in the loan and wonder how this could be in the lady's financial interests (unless it's to force the sale of a property with a positive net worth, perhaps) ?

House in negative equity to tune of approx €100K, so no immediate benefit there.
And area will not recover above future average.

My solicitor is at a loss to explain their attitude which included asking from me a lump sum to be released from the Mortga e on house even though never contributed to the mortgage payments.

Some people cannot accept consequences of previous decisions if they went wrong.