Hi, thank you for your question. Please attach the draft order using the paperclip icon so that I can consider it.
Thank you - given the complications of the insolvency issue, I would suggest that a further undertaking/recital be included confirming this and the amount that your niece is paying to them so that it is fully clear upon payment of the amount to the insolvency service and settlement of their charge, that this be removed from the title and for the title to be transferred solely to your niece.
They will also require a clause confirming if there has, or has not been full and frank financial disclosure between them and if they have, of have not obtained detailed independent legal advice regarding the consent order.
I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.
This is NOT the Order that is needed at all
The Order that is needed is much less complicated that t his one and should contain only the basic dismissal of all future claims
The one here
should be your guide
Most of what you have included should not be there
The only extra clause to add to the one I have signposted above is
"When requested to do so the Respondent shall transfer to the Petitioner all his beneficial interest in the freehold property known as ADDRESS registered at H M Land Registry under title number NUMBER subject to the mortgage secured thereon in favour of BUILDING SOCIETY"
This should be number 1.
Please ask if you need further details