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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Clare, Further to our previous conversation I would like

Resolved Question:

Hi Clare,
Further to our previous conversation I would like to start the process immediately as its become urgent because my ex has not paid the mortgage since February.
Could you pls advise on the first steps.
Jane
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
Have you got an up to date mortgage statement?
Are you in contact with the letting agents and tenants?
Clare
Customer: replied 1 year ago.

I just spoke to the estate agent managing the property this morning and she said she transferred the rent on Tuesday.

I have the online statement which shows the last mortgage payment as Feb 26, no payments were made in Mar/Apr and May is due soon.

Expert:  Clare replied 1 year ago.
Hi
Do you intend to sell with the tenants in place?
Have you told the agents that the mortgage is in arrears?
Clare
Customer: replied 1 year ago.
If possible and if it speeds up the sale I will sell with the tenants in place, I haven't informed the estate agents about the situation with the property yet.
Expert:  Clare replied 1 year ago.
Hi
Just to check - do you actually know your ex's current whereabouts?
Clare
Customer: replied 1 year ago.

I'm not 100% sure of his whereabouts, he moved overseas years ago and what I have is his UK correspondence address and the overseas address at which i served the divorce papers 3 years ago. I don't know if he's still at that overseas address.

Expert:  Clare replied 1 year ago.
Hi
Is the Uk address the one that the Estate Agent for her?
Clare
Customer: replied 1 year ago.
I'm not clear on the question, but if you mean whether it's the property in dispute, no it isn't. It's his sister's address. I believe the estate agent has that as his correspondence address as he receives all correspondence for the property.
Expert:  Clare replied 1 year ago.
Hi
Sorry for typing error - but you got the gist and you gave the answer!
Have you asked the Estate agent for a valuation?
Clare
Customer: replied 1 year ago.
I checked online, flat in same block is advertised for £120k, last flat in same block went for £108.5k in dec 2014, mortgage on property is £107k
Expert:  Clare replied 1 year ago.
Hi
The starting point is to obtain three valuations of the property and a copy of the latest mortgage statement.
It would also be sensible to download a copy of the Register Entries from the Land Registry
You will then have to write the pre action letter as set out in the document here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
You tell him what the house is worth and what is outstanding on the mortgage and tell him what you are looking for (release from the mortgage) and how you will achieve it f he does not co-operate (applying to the court for an Order for sale.
You then send it to the Uk address that you have for him
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Will I need to obtain proof of delivery or proof of service at this stage?

Expert:  Clare replied 1 year ago.
Hi
Provided you have evidence that it was sent - that is all that is necessary
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33816
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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