ninethlife
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Oh dear. We've had a Decree Nisi for 7 years. Can I just pay the fee and get the Decree Absolut? I feel if he has to agree or sign something then I doubt he will. Thanks for your input.
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Thank you!
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Wow, talk about the tragic story of my life! As you can see, CAG is a lifeline to vulnerable people. What does it mean "moved to the appropriate forum"?
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No, it was in negative equity and was about to be repossessed due to my unemployment. By a twist of fate, I managed to find a job the mortgage company didn't action the eviction warrant due to being taken over themselves (due to the financial crash in 2008). Because of that delay, I managed to negotiate an arrangement with them. They tried to evict again a few months later, although I had fulfilled the arrangement, but CAG helped me with advice and the judge suspended the possession order and cancelled the eviction. I maintained the arrangement for 5 years, until I was made redundant. After coming 2nd too many times in job interviews, I decided I'd better sell but loads of DIY work needed completing before I could market the house and some guardian angels came to my rescue. Despite putting it on the market, the mtg co. tried to evict again in Jan and in May. They have booked another eviction hearing for July, despite a sale being agreed in May. (I became unemployed due to losing an 8 yr old business in the crash, was made personally bankrupt and the OR claimed the house. In 2011, the house was passed back to me by the OR as it was still in negative equity). So that's why the house wasn't "dealt with". Now, my ex is just blanking these details. The label "it's complicated" applies here!
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Only Decree Nisi (He initiated divorce proceedings at the same time I faced repossession and eviction and I didn't find out until years later that he'd never paid the fee for the Decree Absolute) It was bought before we separated but we lost the sale on our existing home so had to pay two mortgages for over a year, greatly diminishing the "deposit". Nothing towards mortgage, bills, DIY, maintenance, child support. The form his solicitor sent is an RX1 for a Restriction on Land Registry. Thanks for your assistance.
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Apparently, he can claim that I agreed to give him half in a conversation he claims we had when we separated. He hasn't put the Restriction yet but is aiming to do so. It may not stop the sale but it will stop access to the proceeds, which we need to use to obtain rental accommodation for my son and I.
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His solicitor has sent an RX1 form to me to sign (in the hope I would just agree it)
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His solicitor is threatening to put a Restriction without Consent on Land Registry in order that the sale completion would require my ex's signature and he would only sign for 50% of the proceeds.
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His solicitor says they can put a Restriction without consent and my solicitor says he doesn't have to justify or prove a claim for it to be accepted by Land Registry. His solicitor says the sale can only complete with my ex's signature and he will only sign after an agreement is made for him to receive 50%. Any other thoughts Andy? Many thanks
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I hope someone can help with a situation that has arisen out of the blue, just a few weeks before completing the sale of my home after battling repossession and eviction for the past 7 years. Despite no contribution to the mortgage, bills, expenses or child support, my ex-husband has engaged a solicitor to apply for a Restriction on Land Registry. The mortgage company have a possession order and have tried to evict my son and I twice this year. The judge allowed us to pursue a normal sale both times. My 3rd hearing is July 11th and now this final twist has occurred, which could sabotage the sale and leave my son and I homeless. Both the LR and mortage is in my name only. Please reply urgently with any advice.
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Redunancy, possession order, mortgage arrears
ninethlife replied to ninethlife's topic in Mortgages and Secured Loans
Do I need to include the "proof of marketing the house" along with the N244 form....or do I provide it at a subsequent hearing? Do I need to state what contributions I can make in the meantime....or again, do I provide that information at the hearing I'm requested? -
Redunancy, possession order, mortgage arrears
ninethlife replied to ninethlife's topic in Mortgages and Secured Loans
No, not yet. The Order, made on Nov 5th, gives "permission to the Claimant to enforce order of possession dated 4 August 2015". As I mentioned earlier, the possession order that was suspended due to making an arrangement was dated 4/08/09. I'm assuming the mortgage company created a new possession order on its 6th anniversary? Or renewed it somehow? The order was made "without a hearing" and said any party affected could apply within 7 days of service for it to be "set aside, varied or stayed. In the N244 I emailed to the court on 27/11/15, I asked for it to be set aside due to the imminent sale of the property, pending completion of necessary repairs and redecoration. I sent you a PM tonight, saying that CAB advice was to request an "extension" rather than setting aside.....and I was asking for your advice on that. They also said to submit another N244 with different wording but I was afraid that would be deemed "too late". I would really appreciate your help, as I feel I need to action this one way or another tomorrow at the latest. -
Redunancy, possession order, mortgage arrears
ninethlife replied to ninethlife's topic in Mortgages and Secured Loans
Thank you very much for your prompt reply and clarification. -
Redunancy, possession order, mortgage arrears
ninethlife replied to ninethlife's topic in Mortgages and Secured Loans
Another question has arisen which I hope you can shed light on. The Court Order gives permission for Mortgage Express to enforce a Possession Order dated August 4th 2015 but I have not been notified of the application for a new Possession Order by either ME or the County Court. The original Possession Order was issued on August 4th 2009. I have heard something about Possession Orders expiring in 6 years...is this why they have "reapplied" on the exact date without telling me? Should I request a copy of the order from 4/8/15? Can I set it aside due to not being informed or offered the opportunity to defend against it? -
Redunancy, possession order, mortgage arrears
ninethlife replied to ninethlife's topic in Mortgages and Secured Loans
Today I have received at letter from Mortgage Express's solicitors "giving notice that the lender's agent has applied to the court for a warrant of possession against the property on 24/11/15". It also says "if you do not ask for a delay the Lender can go ahead to obtain the possession of this property". I could probably pay about £400 a month towards the mortgage payment that should be £1654.79 which is roughly what the DWP has been paying whilst I was on JSA. I have only been working for 6 days. The work is still going on but I have prioritised rooms that need photographing. The last remaining room is the downstairs cloakroom, which I intend to have finished within 2 weeks, as plumbing is involved. I just desperately want to be able to market the house myself and live in it until it is sold. Because of my age, this is my final chance to maximise any profit to allow my son and I to buy outright so obviously I need to realise sufficient for a small flat. If it goes into the mortgage company's hands they will achieve much less, I will have to resort to renting, and when that money runs out within a few years, I will be homeless in my 60's. I have had valuations by 3 estate agents who are ready to act quickly as soon as we are optimised for viewings (by the weekend). I was told to download a N244 but I don't know what grounds I can use to contest the permission granted to act on the possession order and I think I only have until Friday to submit it. Because my new job is shift work, my time for doing research is so limited. Thank you for any advice you can offer.
