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Ancillary Relief - Wording unclear - advice needed

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27 Mar 18 #500470 by Hopping
Topic started by Hopping
Applicant has been awarded a sum of money from the Respondent to reduce the mortgage on the family home.
She has placed a notice of home rights on his other house ( which is free of mortgage ) under the Family Law Act 1996.

Under General Agreements/Declarations the wording I wish to query is as follows . I have amended it slightly to remove identifiable details.

"Upon the basis that the Applicant will apply the lump sum to the reduction of the mortgage over the Family Home and will remove her notice over his house."

Does this mean she must remove her notice once the money has been paid OR before?

The Respondent claims he cannot get a mortgage whilst the charge is in place.

My view is that there is no point in the charge if it is removed before the money has been paid.
I should add that and order for sale has been granted under the section
IT IS ORDERED BY CONSENT.

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27 Mar 18 #500472 by Under60
Reply from Under60
I too queried some similar wordings.
In my case I remove my home rights and THEN they pay me a lump sum.
When I asked my solicitor, as this seems well dodgy....I remove my home rights, he sells it and keeps the lot.....the reply was it will be done simultaneously.
I haven’t had any money yet, so I can’t tell you if this will happen!

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27 Mar 18 #500473 by Hopping
Reply from Hopping
Thank you. Yes I agree it does sound dodgy. I assume you mean your solicitor gets the money and then they remove the charge, then they pay you.

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27 Mar 18 #500475 by Under60
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Yes, that is how it was explained to me.

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