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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7569
Experience:  UK solicitor holding an England and Wales practising Certificate.
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My son has employed a solicitor to force the sale of my

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My son has employed a solicitor to force the sale of my home ( we live here together on a joint name mortgage). He is doing this because he wants to remove his name from the mortgage and buy a property with his girlfriend. Unfortunately, I lost my professional job in Feb and so the bank wil no longer entertain me taking over the mortgage in sole name. He is trying to enforce an immediate sale or go to court whereas I want more time (6 mths) to have time to sell many of my possessions as I will have to rent a room locally. I am very upset with him because at 63, I will have little chance to get a mortgage on another property. There is 7 years remaining on current mortgage. Could you please advise where I stand on this issue? Regards XXXXX XXXXX

Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.

Hi Robert

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Wow, what a difficult situation. You have my sympathies.

Basically, if you are not minded to agree to a sale now then nothing will happen unless he does issue a county court action for an order for sale.

You can attempt to negotiate with him for further time informally before he issues if you think that this might work.

His solicitor is probably correct in respect of the earlier understanding to sell the property at a later date, since you probably did not intend for it to create legal relations.

However, orders for sale do take a bit of time and you can attempt to drag things out.

I suppose all you can do today is to make a final appeal, if not to stick to the earlier agreement, then to sell the property in 6 months time.

If he does issue then you would have to defend the action. Unfortunately, if there is mortgage liability then it’s highly likely that he will get his order for sale. However, you can attempt to drag things out by disputing valuation of the property and asking the court for a bit more time to determine the valuation. It’s not unthinkable if valuation is disputed that you will reach 6 months without the property being sold and in fact it’s reasonably likely so you may actually get what you want, albeit with the rather hasslesome burden of court proceedings.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7569
Experience: UK solicitor holding an England and Wales practising Certificate.
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