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The Respondent do transfer to the Petitioner within 28 days or final decree all his legal and beneficial interest in the freehold property at*****Keyham Plymouth, registered at H.M. Land Registry under title number DN235530 subject to the mortgage in favour Of Halifax Plc, on condition that as from the date of said transfer the said property do stand charged by way of legal charge as security for the payment to the Respondent of a sum equal to 35% of the net proceeds of sale such charge not to carry interest, the net proceeds of sale being defined as the sale price less any outstanding mortgage only. PROVIDED ALWAYS that such charge shall not be exercisable until:
(a) the death of the petitioner; or
(b) the remarriage or cohabitation of the Petitioner for a period in excess of six months
(c) the voluntary sale of the said property by the Petitioner
Which ever shall first occur provided .......child of family 09/01/89....is in occupation as a minor..
Ex wife has had the property on the market for 5 years having changed agent many times and refused at least one very close offer. 2014 I spoke to current agent and found ex to be constantly unavailable for viewings.
PROVIDED ALWAYS that such charge shall not be exercisable until:
Which ever shall first occur provided that in any event the said legal charge shall not be exercisable without the leave of the court while the child of the family Elizabeth.DOB 09/01/89....is in occupation of the said property and is still a minor or of full age but recieving full-time education or training.
Elizabeth now away from property with job and own home.
shall not be exercisable without the leave of the court can I therefore ask court for a revision of this order?
I do not have a copy of the actual charge only the court order.
Market price 135,000 mortgage 12k appx
I HAVE APPLIED FOR COPY OF THE CHARGE
It was a consent Order.
My brief was advised that I wanted to have house sold after Elizabeth left home and education.
Mental state at that time I left too much to others and now feel let down.
Cannot prove that this was my intent as solicitor left practice to look after wife shortly after.
Deeds arrived copy of charges section herewith.
(19.04.1988) REGISTERED CHARGE dated 14 March 1988 to secure the moneys including the further advances therein mentioned. 3 (29.10.2007) Proprietor: BANK OF SCOTLAND PLC (Scot. Co. Regn. No. SC327000) of Halifax Division, 1 Lovell Park Road, Leeds LS1 1NS. 4 (25.11.2003) REGISTERED CHARGE dated 27 March 2003. 5 (25.11.2003) Proprietor: JOHN MICHAEL ROBINS of***** Armada Way, Plymouth. 6 (05.10.2004) REGISTERED SUB-CHARGE of the Charge dated 27 March 2003 referred to above to secure the moneys charged thereon under section 16(6) of the Legal Aid Act 1988 or section 10(7) of the Access to Justice Act 1999. 7 (05.10.2004) Proprietor: LEGAL SERVICES COMMISSION (reference not supplied) of Land Charge Department, 13th Floor Exchange Tower, 2 Harbour Exchange Square, London E14 9GE and of DX100170, Docklands 2.
land registry details ordered 2 to 4 days. John
Have now received copies of actual charge docs from LRO and these have the same content as already advised to you.
It looks to me that short of getting the Court Order revised in my favour I shall just have to wait long term.
Or have a go at original solicitor for failing in ......