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Forcing the sale help

  • london2576
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09 Sep 12 #354832 by london2576
Topic started by london2576
Hi all..
Ive been reading your forums and have finally decided to register and give to you my story so far (and hopefully grab some advice),.....Its a long story lol

My ex and i bought a house in April 2008. Aprox Feb 2009 we split up. We were never married nor do we have children. We bought the house for £265000. We borrowed £220000 on an interest only. £45k + £10k stamp duty was paid by the ex (her). So in total £275000.....

When we split we had 1.5 yrs of a redemption fee so we agreed that i paid £400 and she paid £1000 a month because she was living in the house and once the 2 years were up we would sell...
2 years later she put the house up for sale for £275000 (yes it was over priced) and no it didn''t sell at all, she was advised to take it off the market. (i wonder why)

Anyhow, in march this year i decided to get a solicitor to contact her and quote the pre action protical etc etc stating either sell the house or get my name taken off. She replied back 21 days later with a letter saying she was looking into it. 14 days then passed and we didn''t get a reply so we quoted to her that we had followed the protical and we were taking her to court to force the sale. She decided to reply back saying she was doing a transfer or equity. So we stop our application and asked to be kept in the loop. Didn''t hear anything from her for approx 2 months. i contacted our mortgage lenders who told me that she hasn''t even contacted them. We wrote to her a few more times and she totally ignored us.

We again threatened with court...We stated that we know she hadn''t been in contact with our mortgage lender as i had them put it in writing to me which was forwarded to her etc etc.

low and behold she finally got a solicitor to contact us saying that he has spoken to a someone and it seems as though they are now in the process of redeeming the whole mortgage. So we stopped the application to court and asked to be kept in the loop...Again, we get totally ignored.I again contacted my mortgage lender and they again said no contact by anyone other then me still. We wrote several letters and nothing at all back.. So after about 6 months we wrote her solicitor saying we''re had enough of the lies and we''re giving them 7 days to produce documentary evidence otherwise court, again we attached another up to date letter from the mortgage company quoting that no contact had been made....

7 days later and nothing, in fact nearly a month later and nothing.

The court have our file and they posted a whatever to them on the 15/08/2012 quoting served deemed on the 17/08/2012. It quotes that they need yo reply to all parties by 31/08/2012..Again they have ignored that as well as we haven''t received anything and nor have the court (i went in and asked them)

Question is...what happens now???

We have a declaration of trust which there is no signed copy of.
Im not disputing anything...Basically i want to walk away from it and any profit is hers.
The house is only worth 250k yet we purchased for 265k + 10k stamp duty.
borrowed 220k 45k deposit 10k stamp
none of it is mine

heres word for word on the deed of trust

upon the sale of property it is Herby agreed and declared that following the redemption of any mortgage existing on the property miss ***** will be paid the £55k referred to aforesaid and 50% of the balance of the net sale proceeds following redemption and associated costs.

Me and twat face agree that they will contribute to all the outgoings relating to the property including the payment of the mortgage in equal shares.

Court in 3 weeks lol

  • london2576
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02 Oct 12 #358988 by london2576
Reply from london2576
Wow, so much of a response lol

My ex was served a court order to attend court on the 17 aug 2012.
She had until 31 aug to reply, she didn''t.. But what she did do was put the market on the market on 1st sept thinking i would stop court...we found out she put on the market 27th sept 2012. shes also instructed the agents to not correspond with me to make it difficult as she over priced the house so of course, it wont sell...

So on the 1 oct 2012 i went to court, she didn''t turn up so the judge said....order for sale granted as she could still decide to take it off..as part of the order its stated that we both take part in the sale (not just her) and i was awarded all my costs....So she''ll be receiving a letter within a few days giving her 14 days to pay up (shes so going to be annoyed lol)

Im going to give it a month and then im going to attack the price of the house....get it to the correct price and then it''ll soon be all over....

  • leanng
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02 Oct 12 #359002 by leanng
Reply from leanng
Well done.

it does make you wonder why some ex''s are like they are!

Wish you luck..

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