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Clare, Solicitor
Category: Law
Satisfied Customers: 34900
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I went to court in February to get of a mortage with an ex

Customer Question

i went to court in February to get of a mortage with an ex of 5 years ago. She has responsibility to make the mortgage payment arrangements and is living in the property but has not done so for*****ordered her to sell and settle all debts associated to the house from the sale. It has been 6 months now and there is no movement on the sale. She has the house with 2 estate agents but i feel has over priced it by 15-20k. No date was listed in the order. She is impacting my credit rating severly. Is there a resonable time after which i can go back to the court to force the sale?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Was this a TOLATA claim?
What was the exact wording of the Order for Sale?
Customer: replied 2 years ago.

Attachment: 2015-07-30_095205_29407_-_letter_to_court.pdf

court order attached.

Expert:  Clare replied 2 years ago.
Thank you for that.
Have you spoken to the Estate Agents and confirmed that it is overpriced?
Customer: replied 2 years ago.

I have collated data from similiar properties in the area and it is show an increase of 10-15 k. I have not spoken to the estate agents directly as they are not inclinded to give me details as i am not their client.

Expert:  Clare replied 2 years ago.
I thought you were a joint owner of the property?
Customer: replied 2 years ago.

I am. But as she has 2 children from a previous marriage and I didn't want to make her homeless I had offered 4 years ago for her to keep the property but to just remove me from the deeds and all covenants. She refused. Demanded 55k. She said I owed but refused to show proof. So I countered and proved she actually owed me 100k. Hence the long legal fight.

Customer: replied 2 years ago.

The property was in Joint names no conditions and i paid the lioins share of all bill, inc mortgage. My ex had/has to teenage children and not wanting to make them homeless, the father was not and still is not contributing to their care, i requested 4 years ago+ to be taken off the mortgage and all convernants. she refused. stating i owed her 55k. Baring in mind she worked part time bring home £700 pm and i was bringing home £2500 pm. She refused or could not prove this debt. So i compiled my own comprehensive accounts proving she actually owed me £50k+. We tried mediation, she went down the poor mother of children root and attacked me. The mediator was not impressed. She then filed for a TOLATA but dropped the case a month later. So i started court procedings. just before we entered the court room her barrister offered the deal previously attached. I am now married and need to sever all ties. My credit rating is shot only because she has not made any mortgage payments since January and very few over the last 3 years. Arrears are now in the region of 9k. She has an arrangement with the bank which runs out on August 3rd. Which i was not informed of.

Expert:  Clare replied 2 years ago.
As a joint owner of the property you are entitled to speak to the Estate Agents regarding the sale process and they HAVE to speak to you
You need to speak to them first to establish how many enquiries there have been and why they think the property has not been sold.
Armed with this and the information regarding the mortgage you can apply to the court for an Order setting a sale price and even giving you conduct of the sale
I hope that this is of assistance - please ask if you need further details