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Back in 2007 my wife and her partner (at that time she was in partnership with Mr. P) bought a house in UK. They bought this house together, so he is still shown on any correspondence from lender (NRAM).
In 2013 Mr. P left the country (UK) without sorting things out. Later me and this lady came together and eventually got married. Now, due to some circumstances we would like to remortgage the house, and (later) sell it and move to the other place. But having Mr. P in the mortgage makes things complicated.

Some additional information:
- I am in good (financial) position to take place of Mr. P in the mortgage
- We have some contact with Mr. P, anyway communication is extremely slow and unreliable (he comes back with long delays, like weeks)
- He definitely doesn't want to come to UK, even for short visit with us paying for his trip and accommodation
- He lives in Germany now
- He stopped to pay his mortgage part when he left (I don't think he paid ever from his account, it was more of that he transferred money to my wife's account, then she added her part of money and paid it to lender)

We have contacted the lender, they said Mr.P has to call them and ask for change of parties papers to fill out, anyway Mr.P said that when he called NRAM he couldn't understand them (his language skill isn't good). From the good side, he said he is happy to leave the mortgage and he doesn't want any money.

How to remove Mr. P from the mortgage?
If we organise the papers for Mr.P to sign, shall he sign in presence of 'notified body' (like solicitor/lawyer/some sort of officer)?
Shall we try to sort things out with the help of court (this could be faster), considering he is not paying for 6 years?

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    What are you trying to achieve here? Removing Mr P from the mortgage will still leave him a part owner of the house, and he will almost certainly be entitled to half of any increase in the value of the house since 2007. I think you need to talk to a lawyer.
    – Martin Bonner supports Monica
    Jun 24, 2019 at 15:06
  • @Martin Bonner: Oh, so removing him from the mortgage is certainly not enough. What else is needed (I mean, what is the name of this specific process or procedure) to stop his possible claims then?
    – smajli
    Jun 24, 2019 at 17:11
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    He will need to be removed as an owner of the house at the Land Registry. You will need a lawyer, and I fear that your lawyer will insist that Mr P will need one two - and as Mr P clearly doesn't want to be bothered with any faff, you are probably going to need to pay Mr P's lawyer.
    – Martin Bonner supports Monica
    Jun 25, 2019 at 7:15

1 Answer 1

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Consider taking out a completely new mortgage, in the name of yourself and your wife. Use that to pay off the old mortgage. Then it doesn't matter who was named on the old mortgage.

But you do need to work out who owns the house at the moment. That will be recorded at the Land Registry. If Mr P has a share in the house, then things may be difficult.

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  • Thank you. Two things: 1) Woud it be possible to take a new mortgage to cover old one (on the same property?) If this can be done without consent of Mr P that would be great. 2) I just have downloaded Title Register from Land Registry and found that Mr P and my wife are both 'Registered Owner'. As I can see there is a seperate thing to remove Mr P's name from Land Registry.
    – smajli
    Jun 24, 2019 at 22:15
  • @smajli "Remortgaging" is a recognised thing. It's usually done when someone wants to switch from one mortgage company to another to get a better deal.
    – Simon B
    Jun 25, 2019 at 7:06
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    @SimonB Remortgaging requires the signature of both owners of the property ...
    – Martin Bonner supports Monica
    Jun 25, 2019 at 7:16
  • All right, as I can see, there is no chances to sorting things separately (like mortgage first, then ownership in Land Registry). At least I know now what is required. Indeed, lawyer is needed. Thank you both, Simon B and Martin Bonner
    – smajli
    Jun 25, 2019 at 9:13

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