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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33827
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner and I wish to remortgage her house, primarily to

Customer Question

My partner and I wish to remortgage her house, primarily to clear a charge on the property that her ex-husband has. The issue will be that her ex-husband will do anything in his power to delay discharging the charge on the property by not signing any paperwork, or not responding to mail etc. There is a contract in place between the two of them which was agreed in court in 2008 which provides for the possibility of her either selling or remortgaging the property. What is the simplest process to force him to remove his charge on the property assuming he does his best to be obstructive?
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstDo you mean there is a Court Order relating to the property.If so what is the wording?
Customer: replied 1 year ago.
There is a court order. Sally either has to settle the charge when her youngest reaches 18 OR finished full time education. She also has the right to remortgage or sell the property by 'Notice being given in writing by the Respondent or her intention on a specified date to redeem the charge'. She then has to get an estate agent to provide the property value or open market value. If he does not agree with the valuation then an independent surveyor is to be appointed to supply the open market value, cost to be born by both parties. The value of his charge is calculated as follows. 25% of (Open market value, less the original balance of the mortgage (£71k) less 50% of any reasonable costs). Approximately £58k.
Customer: replied 1 year ago.
Please see attached.
Customer: replied 1 year ago.
Do you need anything more Clare? Thanks, Jonathan.
Expert:  Clare replied 1 year ago.
May I ask why you think her ex will not wish to receive the monies?
Customer: replied 1 year ago.
Interesting question. He has OCD and Personality Disorder as well as being someone who likes to maintain control over both his ex and his children. Whenever a situation like this has occurred where he is required to sign something which lessens that control, we have had to resort to taking him to court. He may of course decide to take the money, but in the event that he doesn't, we need to understand what needs to be done to ensure he does sign off the charge. I imagine the mortgage company will send him something to sign (unless we need a conveyancer). If he does not respond to a request to sign, what is our best course of action to get this resolved?
Expert:  Clare replied 1 year ago.
If you are remortgaging then he will have to sign a TR1 and you will have to instruct a Conveyancing Solicitor to deal with itIf he refuses then you will have to apply to the court within the divorce proceedings using a Form D11 and ask the Judge to sign the Paperwork instead.I hope that this is of assistance - please ask if you need further details
Clare, Solicitor
Category: Law
Satisfied Customers: 33827
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Perfect. Thank you Clare! Jonathan.
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well

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