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Help - worried regarding house purchase

  • maisymoos
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17 Sep 12 #356311 by maisymoos
Topic started by maisymoos
My Court Order states that I am to receive net proceeds of the FMH after its sale and after the mortgage is paid off. The Court Order states the mortgage redemption figure and also says that if the mortgage redemption figure at the time of sale has been increased by my ex, he has to pay a lump sum to make up the difference. (its a virgin one mortgage account.!!) My solicitor has just found out the current mortgage redemption figure is now much higher than the specified in the Court Order. I need the money to complete my house purchase but worried that I won''t receive it in time and this could leave me unable to complete and faced with interest charges from my buyers and the sellers of the house I am purchasing.

help any advice?

  • TBagpuss
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18 Sep 12 #356578 by TBagpuss
Reply from TBagpuss
I think you need to get your solicitor to write to your ex''s solicitor saying that, and making it clear that in the event that you suffer any loss (such as interest charges) as a result of any delay in his making payment, that you will seek payment of those (plus any additional legals costs) from him as well.

Check the wording of the order with your solicitor,but it sounds as though if he doesn''t pay he would be in breach, which would entitle you to enfore the order, including any associated costs.

  • maisymoos
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19 Sep 12 #356801 by maisymoos
Reply from maisymoos
Thanks TBagpuss think my solicitor has in hand now . Sound advice. Thanks. :)

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