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Defending an App to take control of the FMH sale

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22 Jul 12 #344662 by dukey
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So the valuation was actually nine months old, and a firm offer received, yup that would do it, it seems wrong but it cuts both ways, both if property goes up and down, talk about it not being an exact science, this is a perfect example.

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22 Jul 12 #344665 by maisymoos
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MisterX wrote:

How do I respond though? What form? want to put my side before the decision is made.

Should I apply for control of the sale to counter her application?


Is the sale currently a joint control? What would your argument be for having sole control? I think your only course of action is to get some other agents in to give valuations so that if she takes you to court for a Directions hearing you can show that the property is being marketed at the right price. If other agents say it is too high I don''t think you will have a leg to stand on. :(

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22 Jul 12 #344700 by MisterX
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It''s under joint control

Done my own continuous market research from websites so know house is priced as cheapest in category. If control passed to Ex She would sell the house to a property developer for a quick sale.

Good idea about valuations.

I still can''t find the form to appeal on. Argh.

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22 Jul 12 #344703 by dukey
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There is no form you argue your case in court.

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22 Jul 12 #344705 by MisterX
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I think it''s D11. That''s the form I received and although it says Application Notice I suspect it can be used to make an application on as well.

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22 Jul 12 #344707 by dukey
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Your wife made application with D11, you then attend the Directions hearing, but don''t cross apply, you just attend and offer your arguments.

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23 Jul 12 #344808 by MisterX
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I''ve kind of answered my own question here. I prepared a cross application last night and had a chat with the person on the family counter at the court this morning. She said there was no problem witth cross applying and the |D11 was the correct form. I decided to go ahead as I was uneasy that the judge will have seen the Ex wife''s papers,carefully thought out and presented by her solicitor, and the judge will have been able to read them at his leisure, whereas I would have 10 minutes in a court to defend myself and present a case. It cost £46 but I think it is worth it to get my side of the story in front of the judge before the big day.

If I lose I stand to have my house sold from under me at what price she chooses without recourse to a judge, deeds handed over to the buyer and I get an eviction notice. And I get to pay all the selling fees, estate agent, solicitor etc., and she has asked for costs. If it wasn''t so tragic it would be funny. So... big day.

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