How typical of one company blaming the other! Drives you nuts dont it?
The only thing i know on this subject is our case.
Sorry if this turns out to be a long one.
I remortgaged my property to pay off my husbands
FMH as we couldnt afford two mortagages. He was trying to sell it vacant possesion as he moved into my property. His former wife wanted her name taken off the deeds as she couldnt get a mortgage in her own right whilst still on the FMH one.
My name was put on the deeds to their
FMH at the time of remortgaging.
We FINALLY sold it two years later, I got fed up with estate agents and put one advert in the newspaper advert column and sold it! Weird that int it? Two years with estate agents and hey presto it was me who sold it!
Anyway we received a letter from his former wifes solicitors saying "that we understand a search has been done on the
FMH. How did they no this? They must of registered their interest on it (although we didnt know this at the time!) The day we recieved their letter was the day the monies went into my bank! (OH! how i laughed!) They had known from a letter 15months previously that it was on the market! The letter they sent moaning about the search that had been done said " We require you to confirm by Monday (we received the letter Friday)that you do not intend to deal with the property in such a way so as to defeat our clients claim for Ancilliary relief. Failing which, we anticipate receiving instructions from our client to make an application for an injunction. My husband wrote back and said he had no intention of trying to defeat their clients claim!
The next thing we knew we had a Section37 order (an order to stop my husband disposing of the monies or property) served on us! Two months AFTER the sale. They got this order ex parte and never showed the Judge I part owned it. At the FH last week they said they didnt know????????? The Judge short from calling them liars, i showed them all the letters we had from them said there would be cost implications if this matter cannot be sorted by way of offers!
Anyway the point is............I think when an interest is registered on a property, it just warns the buyer of that! The person who has benefit of the registered interest has to apply to the courts to make it an order.
If this is the case then surely you can have your say at any court hearing (unless its done ex parte and even this the Judge normally gives you so many hours or days to have you say)to put your case forward as to why you want to remortgage. I'm sure they must realise that lives change and is it your fault you cant find him? As long as you can show you have all the evidence of searching for him.
I wish you luck in all this but my advice is dont give up! hassle both the solcitor and mortgage company!
Kind ones
Louise