Rent Question.....Rent laws? |
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What happens when the owner sells his house? |
Hi
I am living in a house in which the owner has leased out one of the bedrooms to me for rent.
I just want to know, what happens when he decides to sell the house?
Does he have to ... |
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Increase in rent question? |
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What will my mortgage be if....? |
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I had a best answer to a question from Mr. Trend_Vampire on this section. I was disgusted by the content of? |
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First time home buyers! Advice is appreciated!!? |
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House or Apartment? |
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Rebecca D | A couple take out a joint mortgage. Can a second charge be taken out on the property without joint consent? |
The husband built up a huge debt, which the wife knew nothing about. The first she knows about it is when she opens a letter from the company who has taken out a second charge on her jointly owned property. Does the wife have any options financially? (She no longer wants to be married to him but has two very young children by him. The husband built up an intricate web of lies by which to deceive her and they now have no money. Her only security now has two legal charges on it). Any advice will be gratefully received. |
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:-(
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yes they can, and yes they will, if he has given a personal guarantee on something, it does not always need a 2nd signature, however they should have issued your friend with a court order to her partner and her before doing this, if your friend didn't attend a hearing then,they will automatically put a charge on the property for security This might not affect her side of the equity. If her partner still has the purchase item and he and is still making regular payments they have just put the charge on the house until the dept has been cleared off, and then you can apply for it to be removed, If on the other hand her partner has stopped paying for whatever he has bought they could force sale or file for bankruptcy on him, I know its probably a very stressfull time for her just now, but she really does need to get legal support so that she has someone to act for her only best of luck xx
if the second charge was brought about by him getting a "CCJ" then the creditor is entitled to apply for a secund charge against the property to secure the debt.. You would have had notification of a hearing after an interim charging order was issued. the only way to release trhe charge is by settling the debt with the creditor. or if you sell the house, they will be paid before any surplus monies to you and your partner. you should request that a solicitor draws up a legally binding agreement that this debt comes out of his share of the equity. |
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xrazberix
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no they wouldnt be able to do it because the title deeds have to be in joint name for a joint mortgage so the 2nd chg would have to be too. sounds like he forged her signature. she would have to speak to a solicitor in regard to fraud and forgery as at the moment she does legally own half of thi debt however she should be able to have that rectified and also her credit rating adjusted accordingly. i doubt she would be able to get anymore credit at the moment unless she has a good credit rating but i would sort out the ituation in hand first |
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john l
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No. |
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Bexs
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Your friend needs to take legal advice on this one. She needs to have the facts from a professional. |
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Bardic
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If the property is owned as "beneficial joint tenants", which it usually is in England, both owners have to consent to any charge. Sounds like there is a little forgery going on here.
Legal advice needed urgently. |
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Thin Kaboudit
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She needs a good lawyer. Unfortunately, I think she now "owns" half her husband's liabilities, but I suspect a lawyer and a reasonably judge might be the things she need now...
Sorry she found such a creep. |
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proud walker
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I'm pretty certain not. Maybe he forged her signature? If I remember rightly, there has to be a witness. Maybe she should ask for a copy of the application. |
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vera-ann
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they cannot take out a second charge without consent of all parties to the mortgage, the company who have given him the secured lending required your signature, if they haven't got it you need to complain, if nothing is done take it to the financial ombudsman |
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achrimsdale
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the brief answer is yes
half of the property is his and he can use his half to secure debts and/or loans
Your security i.e. your half of the property may not have any charges on it.
. |
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andrew_hermes
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It depends on your state. Most states are "community property" states. This means that if you're married your spouse automatically is on the title for the home and needs to sign at least a few documents any time a new loan is placed against the home. If you are not married and one of the co-signers wants to take out a second loan it still isn't probably possible due to the fact that the other co-signer is most likely on title for the original mortgage and would therefore have an interest in the home that would require the same paperwork. If someone did take out another loan against the property without another title holder's authorization there is most likely fraud involved and legal action is required against the mortgage originator, the bank and the person who took out the loan. |
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Ruth L
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Get thee to an attorney - FAST!
This is a very complex situation, and the answer to your questions will depend upon numerous factors especially state laws.
Get an attorney that speciallizes in divorce in your state. |
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C MILLER
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the husband entered a marriage with a bank loan debt. He then opened a joint bank a/c so does this debt automatically become his wifes? He also had credit card debt with high interest rates 10 yrs ago now. Advised to consolidate credit card debt into one lump which he did. With financial pressure he could not pay these debts and these were placed as CHARGES (two) against his property which is jointly owned by him and his wife. His wife cant remember if the court sent her doc. to sign relating to these charges, because she has been unwell with stress related illnesses for 10 yrs. She was NEVER GIVEN ANY LEGAL ADVICE ABOUT TAKING ON HIS DEBTS and nothing was explained to her regarding these charges. CAN SHE REVERSE THE CHARGES OR CHALLENGE THESE BEING ATTACHED TO THE PROPERTY AS CLEARLY SHE WAS GIVEN INSUFFICIENT LEGAL ADVICE? THANK YOU. |
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