Yes they were married, decree absolute in early 2008 clean break, 2 children 18 just gone to uni and 15 still in school last year.
a property sold next door last year for £116,000. Zoopla states value at £140,000. don't think you would get that as needs some work. Mortgage taken out was £110,000 in 2002. Mortgage left as at early last year was £120,000 plus any extra charges up to date.
There is a court order (which I can't put my hand on at present) where she was supposed to
remove his name to the best of her ability
Clear and pay off a joint bank account (which also hasn't been done and he has now been given a ccj which we were not aware of only when his landlord tried to guarantee the rent which was refused due to this. He was not aware of this and was having major surgery when this was applied.)
Weeds growing up the door, paper hanging out the letterbox for more than a few days, he works in the area at various times of the day from 8.30am onwards can be late in the evening and normally sees some sort of movement in the property from his daughter in her room with lights on or living room/kitchen lights on. Also her comment made in march when she was returned home was mums not home again, I'm on my own. She was asked who is about when she gets home and she said no one until her brother arrives home after football which can be anything after 10pm.
Since the beginning of September we have made visits to the property and watched there are not lights on, no one entering the property, no electricity, no gas. Freezers empty, in fridge is growing food some items dated from march, dishwasher mouldy, mould growing in washing up bowl.
Development today is the mortgage company have kindly made contact with him, (after previous asking to keep informed by phone as he does not receive any communication letters as she doesn't give over his post) She has broken another court order by not paying the agreed mortgage amount plus owed monies. They have referred the account back to the solicitors today. He has to ring them tomorrow.
she was entitled to the house due to her losing the other house (non payment of mortgage) and to remove him from the mortgage to the best of her ability.
this order was made between 2006 and 2007 can't remember specific date sorry.
It is my understanding that the court order is now void due to the time lapse? Also my opinion is as she hasn't done the other things on the order that she has broken the order and therefore becomes void?
can you tell me how to apply for a civil procedure rule 3.1(7) application to vary or revoke an order
I'm just filling in the D11 form, what do I put for the order requested.
I need to enforce the order rather than force sale due to there being so much negative equity which he will be responsible for if not?
so what happens with the money owing to the mortgage company as the property will not sell for what is left on the mortgage and to cover the two charges on the property?
1 I'm not sure of the other is from a joint bank account she was suppose to clear and pay under the same order, which she has not done so hence he has been slapped with a ccj and charge on to the house as well as her.