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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33326
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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When we divorced my ex husband was supposed to apply

Customer Question

When we divorced my ex husband was supposed to apply for a mortgage in his name only to remove me. After 7 years he had still not managed this. In court Dec 2015 the judge said enough was enough and if he hadn't managed by April 2016 then the house should be sold. However he has started another mortgage application and sent threatening texts to me saying if I don't sign the paperwork he will take me to court to enforce it and I will have to pay his costs! In December the judge said the matter was over and there was no need to return to court. I have been to the police but they say the order does not direct them to say how I can possess the house to sell it.
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

If he continues to send threatening texts, refer the matter to the police because he is harassing you. You wanting warned under the Protection from Harassment Act.

Because of the comments the judge made back in December, it is unlikely that he could take you to court to enforce anything and could not get costs awarded against you.

On the contrary, in view of those comments, it’s likely to be the other way round.

What you might want to do is tell him that he has 4 weeks to come up with a mortgage offer and confirmation of that from his solicitor to you, failing which, you will make the application to court for an order for sale under the Trust of Land Appointment of Trustees Act without further notice and you will asked the court to award costs against him. If he can’t come up with a mortgage after 7 years and if he has made the application again now, and there is no offer forthcoming within 4 weeks, he is not going to get one. If you don’t do something about this, it will be another seven years and you will still be in the same situation.

He may take more notice of that threat comes from a solicitor because the solicitor will also tell him that all future correspondence must go through them and not through you and that he should contact you again by text or in any other way.

Can I clarify anything for you?

Please do not forget to rate the service positive. It’s an important part of the process by which experts get paid.

Best wishes.

FES.

Expert:  Clare replied 4 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

You do not need to make a TOLATA applictaion as the Court has already made and Order for Sale

What you need to do now is to apply to the court using a Form D11 - available here

http://www.justice.gov.uk/downloads/forms/fjr/D11_web_0414.pdf

for an Order that

1. Your ex vacates the property

2. You have control over the sale of the property

3. Costs

Please ask if you need further detaoils

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