by consent and with effect from decree absolute it is hereby ordered thay:
1.the applicant shall pay to the respondent a lump sum of 80,000 to be paid to respondent within 14 days of the court pronouncing the decree absolute.
2. the respondent shall transfer to the applicant upon payment of teh lump sum referred to in para 1 above all of his legal estate and beneficial interest with full title guarantee i the freehold property known as xxxxxxxxx registered at the land registry under title xxxxx subject to the mortgage secured theron in favour of the bank of scotland.
3 is irrelant stuff
4. upon completion of transfer of nutfield, as provided for para 2 of tgis order and payment of the lump sum in para 1 of this order and compliance by the applicant with her undertakings to the court as provided by rectals xxxx neither party shall be entitled to make ant aplication to the court etc...save to replicate any unimplemented terms of te above order
SO, I filled in all the documentation to her solicitors, transfer docs and any other docs they wanted signing, she sent the mone to them and they say that the mortgage co have no agreed to transfer the name yet so they cannot pay me
HOWEVER, earlier in the agreement there is a clause which we agreed to as i want to be off the mortgage which roughly states as follows
IF the mortgage co do not agree to transfer into her name solely by 31/12/16 she will have to sell the property by 31/9/16 (so i can be of the mortgage etc...)
so, even if she cannot get them to agree a sole name it should make no difference to paying me either way, so why will they not pay me?
Is an option to go back to court as per the terms mentioned above in point 4 ??
DA was 5 weeks ago and she has borrowed the funds from family, and has deposited them into her solicitors account already
no, they have instructed TO pay me ! my ex called them and emailed them to pay me but they are refusing, saying the property is not in her name and so they can't pay BUT that's not the terms of the contract, the terms are 15 days from absolute, (whether its in her name or not !!)
So, its her solicitor being awkward and obstructing paying me. so what do I do? issue legal proceeding s against the law firm? issue county court small claim against them? or go back to court? whih could take months...
So, its her solicitor being awkward and obstructing paying me.
no, they have instructed TO pay me ! my ex called them and emailed them to pay me but they are refusing, saying the property is not in her name and so they can't pay BUT that's not the terms of the contract, the terms are 15 days from adsolute, (whether its in her name or not !!)
yes on an email, saying that the trouble is the mortagge co are draggig their feet and therefore we cannot pay you yet. BUT there is a provision for that situation, being in 12 months time they notify me and 9 months later a sold house, so they cannot use taht excuse
yes, it was sent to me from the court