Hi Clare, the relevant clauses are as follows:-
AND UPON the Wife undertaking to the court to discharge the existing mortgage secured onXXXXX Great Barr, Birmingham, B43 7 QU currently in the Husband's sole name on or before completion of the transfer provided by clause 1 below.
[ nb. The presiding judge without further consultation has crossed out "to the court" replacing it with "and agreeing" ]...even though it was a signed voluntary document by both parties.
Clause 1 reads:-
The Husband shall transfer to the wife within 56 days of the date of the Decree Absolute herein all his legal estate and beneficial interest inXXXXX Great Barr, Birmingham, B43 7QU subject to the mortgagae secured in favour of the Royal Bank of Scotland Plc.
[DA is dated 11th December 2013].
[Current mortgage product I have with RBS on the property].
Yes she certainly can afford the payment which of course will be supplemented by a generous maintenance payment.
I have continually tried to clarify the position directly with my ex and also with her .
Ex is not communicating and directing me to solicitors who in turn return me to the ex. I have been repeatedly told for months there is a mortgage offer but no body has any substantial proof.
She had an offer during the consent order but now I am told there is no finance in place following an enquiry by my conveyancing solicitor.
Put simply I cannot ascertain the exact position of my ex...whether it is a deliberate act or whether she cannot obtain finance for reasons outside of my knowledge. If that is the case she is maintaining the stance outwardly that it is a "work in progress"...my own thoughts are she has no intention of sorting this out as I am paying her mortgage throughout which is not sustainable.
What I do know is she agreed the CO , had finance in place and the deal has not been completed. Now there is no communication whatsoever.
On the open market it is worth £165 - £170 K.....mortgage is currently £132K.
56 Days from Dec 11th 13...Therefore on or about 4th Feb 14.
My conern is moving forward I don't believe there is finance in place.Afterall I have repeatedly asked for some confirmation or documentary evidence. None is ever forthcoming .Of course I would be prepared to accommodate a period of grace but I don't believe that to be the case otherwise that would be produced in support of keeping the deal afloat.
My view is I need some clarification. If there is no finance then we need to acknowledge this and think about plan B. However this will never be acknowledged which leads me to my original question. How do I pursue this information or assume there is no intention to meet the terms of the CO and seek appropriate sanction to resolve the matter.