Refer to my case....
I did go to court and I guess I must of done ok as the Judge deferred the case for another day 3rd February 2016.
My question is I have a sale of my property they wish to finalize the charge on going through on the 1st March. I have given notice to all my tenants and agreed terms with the buyer.
Purchase price is for £660,000 I have a mortgage of around £505,000 a "Deed of Trust" in my brothers name for a 1/3 of the sale price and a second charge by a credit card for around 22k. Commercial First whom will try and secure a final order for £607,642.00 on the 3rd February.
My question is can I ask the judge that there is no point giving Commercial First a final order but to remove the order as there will be no financial benefit to them. Commercial First solicitors acknowledge the Deed of Trust.... They even valued my property at £500,000 to £550,000 while I sold it cheap for £660,000 reduced from £750,000.
I have attached the letter from their solicitors. I would like to prepare my defend today as i will not have any time afterward due to commitments else where.
I would also like to know what I can do to prove they under sold the property... I have an email from them saying it was valued at £757,000 and not the £240,000 they sold it for. I was never informed of the sale plus I had a buyer lined up for £550,000 but they refused to accept his offer. Plus I had a tenant whom was happy to take a lease but wasn't prepared to sign a personal guarantees.
I am not saying I dont owe anything but for sure not 600k is way TOO much.