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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Recently I went to see and asked gently my joint mortgage to

Customer Question

Recently I went to see and asked gently my joint mortgage to comply with the consent court order that gave me a sole conduct of sale, I got a buyer and we are near to exchange contract. My joint mortgage said to me he might not sign the documents and he
has been like that since I started litigation 2 years ago. I am very worried to loose my buyer if he delay things. My solicitor said to me that was a bad idea to go and speak to him but me all what wanted is gently ask him to comply and sign as soon as possible.
If I apply to the judge to sign on his behalf, can he request to cancel that consent order of sole conduct of sale that he gave me to avoid the trial day? How long it can take if I apply to the judge to sign on his behalf? I really don't want to loose my buyer.
please advise if it can be done quicker that request to the judge.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Do not worry - he cannot now withdraw his consent and it will only take a week to get the hearing at most to get the paperwork signed
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your reply much appreciate.
My solicitor has said to me that because I went to see him, he could now come up with lies like I treating him and insult him or what ever to justify his refuse to sign the documentations of sale and delay everything.
Can he use something like that (lies) to stop me to sell or delay the sale with the risk that i will loose my actual my buyer?
Also my buyer will be ready next week to exchange the contract so Can I at least exchange the contract even if my joint mortgage has not sign yet the sale's documentations my solicitor has sent to him nearly two and half week now?
Expert:  Clare replied 1 year ago.

You must not exchange contract until the paperwork is signed - make the application as soon as possible

it is unlikely that the Judge will refuse to sign them given the circumstances

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