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The original charge was registered at the Land registry if that is was you are meaning. Nothing else has been done with it since.
The charge is between myself and my ex husband. He had the charged placed on the property as at the time we split we had just moved to another house and there was £48,000 equity in the property. I re-mortgaged and gave him £10,000 thus meaning the charge was for £14,000.
Can you please advise if this has been passed onto another soliciter please as I have not heard anything since earlier this afternoon.
As you know the house is only worth what people want to pay for it, but in the last 2 years I have reduced it by £20k to £145k the mortgage is £129k give or take a few hundred pounds it is an interest only mortgage.
At the FDR in December 2012, my ex and solicitor said they understood the value of
the property due to the dire housing market.
My ex husband does. As ive previously written the charge is for £14,000 and he has already had £10,000 in 2008 when i re-mortgaged the property in my name. At that time I was ill advised about the charge and all I wanted to do was stay in the property as I had 2 young children.
The charge was put on the property because he wanted the house to be sold initialy when we split, but I wanted to stay in the home with the children. So i re-mortgaged but I could not afford to give him the full £24,000 he wanted out of the equity (50% of £48,000 we brought from our previous home together) so he agreed to take £10,000 and a charge was place on the property for the further £14,000 and registered with Land registry. Now I have another partner he has taken me to court to obtain the £14,000. We have been to court twice now and the final hearing is next week this is because I have been unable to raise a lump sum of £10,000 which he has since requested although the last judge advised it would be grossly unfair for the charge to stand as he pays nothing towards his children and it would leave me with no money to find a rental property. It was indicated a 60/40 split in my favour would be better and that the property is worth about £145,000 now (£165,000 when originally bought) but i still cannot raise the the sum of about £5400.00 which would be 40% of the equity left after fees etc. I hope this helps and im making sense. I have offered a repayment plan but he has declined this also. His solicitor has also mentioned him been forced into bankruptcy and that if this is the case the bankrupty officers will come to me for the £14,000 as the original charge would stand. Can they do that?
We never went to court for it, it was drawn up by his solicitor and sent to mine for me to sign. Then I was advised that it was registered with the land registery.
Yes I have been taken massively advantage of!!! But I was going through a split and I broke my back in an accident at the time so as you can imagine I was all over the place!!
The mortgage is about £129,000 give or take a few hundred pounds.
He is conveniently unemployed and has been for the last 2 years since I went to the CSA. So he was supposed to pay me £3.33 every 2 weeks but for some reason that stopped altogether on 31.05.2012!!
I ask for help with the children but the reponse I get is he is not working and I should give him what he's owed!!!
I would have to search my paperwork out when I get home. But we bought the house in Nov 2007 for £145,000 and I re-mortgaged in Aug 2008 I think it was valued around the £150,000 mark.
Do you mean how much did I remortgage for? I re-mortgaged for £129,000
give or take a few hundred pounds. If you need the correct amount for the old mortage to be paid off I would have to check. But it was around the £101,000 mark ( your going to like this as well!!) There was an early redemption fee of £7000 which I paid and not forgetting the £10,000 i gave him and also he took the family car so I lent the rest of the money to buy a car at £3,200 and to pay solicitors fee and make a will etc and a small family holiday to recover from my broken back etc!! What a mess.
No assets at that point and debts were minimal really and it was things that cleverly where always in my name.
I've looked at my paperwork now that I'm at home and the old mortgage was £106,094.08 with the early redemption fee included of £6796.88.
Also i have found that the property was valued at £165k when i re-mortgaged.
Yes the property is on the market for £145,000 and my ex is OK with this. My partner already has his name on a mortgage for a property that has also been on the market for over a year and a half and that will probably be in negative equity as well!!!!
I have 2 children aged 11 & 9 and like I mentioned he does not maintain them. He has them over night 2 times a month and every Saturday 9am till 4pm.
Well it all depends on his credit rating as his ex wife lived in the property and didn't pay the mortgage for nearly a year!! My partner rang the bank and instead of paying maintenance paid half the mortgage instead but it was nearly reposessed but he managed with the help of his parents to sort it but we dont know
how that will look on His credit report. t
It was said that the house was to remain on the market until sold or if I wanted to remain there I was to raise a lump some equivalent to 40% of the equity after fees etc.
She told us both that we should both agree to it one way or the other and she hoped there would be no final hearing.
She was a very matter of fact judge and I never got to say a lot really.
But this is obviously something I can put in my skeleton argument for the final hearing.
Sorry I have not replied I have had internet problems!
Thank you for your last reply and yes I do have a few other questions if that is ok?
My ex husband solicitor keeps requesting my partners income, assets and he took me to Spain for 3 days last October and they want to know who paid for it and written evidence!!
Up to the present date I have never supplied these details as they have never asked my partner for them directly and he has not been called to court either. Would this look bad on me in the eyes of the judge if I do not supply these.
My partner says that he will give a brief over view but as the case is between me and my ex husband he doesnt see why he should.
Also I mentioned before about if my ex declares himself bankrupt can the bankruptcy officer come to me for the original £14,000 as I have a feeling he may bring this up to scare me.
I have prepared my postition statement and would just like to be clear on these few points before court.
He does now live with me.
I would just like to say thank you very much for all your help. Thanks to your advise about asking the sale to be postponed until my youngest reached 18. I went to court and it was agreed that this would be the best solution and so that is what is happening. The original order has been dismissed and the new one put in its place and the judge advised that if me ex husband is declared bankrupt then the new order stands.
If it wasnt for your advice I would not have put that in my skeleton argument and then we would have to have given evidence. But because I did it was all settled without having to go through everything. A massive weight has been lifted from my shoulders.
So once again thank you so much