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My partner soon to be wife previously owned a property on Costa Blanca with her ex.
Over 12 months ago the bank who the mortgage is with organised for her to will over her half of the house and promised to take her name off the mortgage . This was arranged so a couple could take over the payments for her half of the mortgage and own half of the house. They have kept up with payments so far!
However, after speaking to the bank it appears my partners name is still on the mortgage and the new finance deal has not yet been arranged.
The bank has promised this will be sorted out over the next few weeks……but where do we stand if this is not organised and the ex and couple default? Can I pursue a claim against the bank for wrongful advice? -
Doubtful. They will just deny what you were told. For her name to be taken off the mortgage this needs to be finalized at notary.
Perhaps the bank are still looking at the new people paperwork to see if they can subbrogate her part of the mortgage.
Whatever it is dont sit back and hope, get hold of a lawyer and get it sorted as soon as possible. If they default it will be ultimately your partners responsibility.
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The deal was done at the notary…..not sure whether this will make a difference?
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