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Consent order advice - Charge on Property

  • stevieb143
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21 Mar 18 #500325 by stevieb143
Topic started by stevieb143
Hi,

I am in a complicated situation, my ex-wife and I had previously agreed a split of finances during the divorce proceeding. The Decree Absolute has been granted.

There were issues during the marriage and the decree was obtained before the financial order.

All agreement to divide assets, maintenance, children have been made amicably.

my problem is that her mortgage company is refusing to allow an additional charge on the property to protect my interest when the property gets sold when the children reach 18 years old. The house will be split 50:50 from the net proceeds.

Can the mortgage company do this?

I am waiting on feedback from my solicitor, but i am losing confidence in them.

  • WYSPECIAL
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21 Mar 18 #500328 by WYSPECIAL
Reply from WYSPECIAL
Yes the mortgage company can choose the terms and conditions that they want to lend money on.

You could look for another lender or if you speak to the current lender and make it clear that they will have first charge so get their money ahead of you if it all goes wrong.

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