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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have sold my home and it is in process of being contracted

Customer Question

I have sold my home and it is in process of being contracted can my mortgage company enforce a possession even when they will be settled from the sale
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

UKSolicitorJA : Hello,
UKSolicitorJA : yes they may do so
UKSolicitorJA : so they could block the sale in theory but in practice, they should be happy receiving their money back from the sale proceeds
UKSolicitorJA : You cannot sell the property without their consent
UKSolicitorJA : i would advise you to inform them that you have found a buyer for the property and that they will be paid back in full from the proceeds of sale
UKSolicitorJA : so that they consent to the sale
Customer:

I have sent them the details of the sale but they refuse to acknowledge this even with the full details sent to them

Customer:

Can I make them take notice or should i use the court hearing to get the easement on the possession to allow the sale

UKSolicitorJA : hope this clarifies
UKSolicitorJA : please leave feedback
UKSolicitorJA : Hello,
UKSolicitorJA : can I help you further? I see you have left negative feedback
UKSolicitorJA : I have answered your original question truthfully and have a duty to advise you in accordance with the law
UKSolicitorJA : even though it may not be what you wished to hear
UKSolicitorJA : by leaving a negative rating, I do not get credited for assisting you I am afraid
UKSolicitorJA : if you left the rating in error, you may correct it for which I will be grateful
UKSolicitorJA : the site is also experiencing technical issues which are not in my control
Customer:

I am sorry but with no real reply to question I felt it was not helpful I am looking for words to give me a chance to get the court hearing on my side to get the unhelpful mortgage company to communicate and allow the sale that would be in both interest.

UKSolicitorJA : Your original question was something else I am afraid
UKSolicitorJA : you just need to inform the court that you have already found a buyer for the property and will be able to redeem the mortgage from the proceeds of sale
UKSolicitorJA : and that the mortgage company is acting unreasonably by not consenting to the sale which will cause you irreparable financial loss as it is very likely that they will sell at an undervalue
Customer:

So if I take the details with me and copies as proof that should be sufficient for the courts is that what you are advising.

UKSolicitorJA : Yes, proof that you have found a buyer
UKSolicitorJA : And the price which they have offered to buy
UKSolicitorJA : I hope this is more helpful
Customer:

That is a letter of offer agreed signed by the buyer

UKSolicitorJA : Yes, correct
Customer:

Thank you that has helped I will now say service good

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