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Problems locating one of the sellers
missellis
Posts: 5 Forumite
Hi I am a long-term reader, first-time poster.
Me and my partner have been having trouble with the purchase of a property we wish to buy. We had an offer accepted by the buyer at the beginning of the month, this offer now needs to be put to her mortgage company as it is lower than her mortgage. Unfortunately her ex husband is joint owner and needs to sign the forms for the mortgage company saying he will sell. He can't be found. We have been told that the next step is to hire a P.I. but she needs to pay for it and she can't afford it. We are in no rush to move (FTB) but we would like to know what will happen now if she won't hire the P.I? Can a court do anything?
Thanks for any advice.
Me and my partner have been having trouble with the purchase of a property we wish to buy. We had an offer accepted by the buyer at the beginning of the month, this offer now needs to be put to her mortgage company as it is lower than her mortgage. Unfortunately her ex husband is joint owner and needs to sign the forms for the mortgage company saying he will sell. He can't be found. We have been told that the next step is to hire a P.I. but she needs to pay for it and she can't afford it. We are in no rush to move (FTB) but we would like to know what will happen now if she won't hire the P.I? Can a court do anything?
Thanks for any advice.
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Comments
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If I were approached by the seller to act for her I would tell her to hand in the keys. It will take ages to get a court order for sale and cost her a lot and the lender may well have repossessed by then....
Encourage her to hand in the keys and see if the lender will sell to you.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Thanks, who would I approach in order to get her do this? From what we have been told she is close to repossession already but wants to cut her losses, hence her taking a lower offer but can't do anything because of him.0
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Has anyone been in this situation before?0
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You need to take a step back. This is her problem and she needs to sort it. Don't get involved.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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Good news after I spent all Friday telephoning all and sundry her solicitors have miraculously found him! Yay! Now the issue is whether he will still agree to sell. Have been informed that he has not made any regular mortgage payments since house was put on market in August so will he still have a valid claim to stop us? Then it's just the hurdle of convincing the mortgage company that our offer is a good one.
Oh the stresses!!!
:eek:0 -
Now that he has been found he needs to be persuaded to not only allow the sale to go through but to pay towards the negative equity!I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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Surely it would be in his best interests as the difference between our offer and the amount owed is 6k, if the house does get repossessed then wouldn't he end up owing much more than this?0
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Surely it would be in his best interests as the difference between our offer and the amount owed is 6k, if the house does get repossessed then wouldn't he end up owing much more than this?
Logically yes, but if he hasn't got 6000 he may not agree to the sale. He may also prefer that the house is not sold for 4 years in case prices increase and then he won't have anything to pay.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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