advice needed on my current situation

drum123

hi all i have posted a few threads here before but the saga with the house i am trying to buy keeps going on and on and on. to cut a long story short i was meant to exchange contracts on a house over three weeks ago. prob is with the house that the previous owner went bankrupt joint mortgage with ex partner. when we sale agreed with ea and sol etc all was plain sailin. when it came to completion the man would not move out of the house i have been passed from pillar to post being told one day that house will be cleared etc etc still not at present. i have instructed my sol to revise offer offered due to the way that every thing has been handled. ex partner now is not willing to budge on this, i took days off work to move, painters etc organised as i was told there would be no problem. as far as i am told the man still comes and goes from the house and other personal itemsbelonging to him still remain in the house. i had heard nothin all the way from sale agreed to exchange from the ex partner sol and now all of a sudden she has become involved?? what to do????

vet8

As I understand it if you have completed the house is yours. You have the right to chuck him out, I think. What does your solicitor say?

RAS

drum has not completed, hence the problem.

The man is refusing to move out to frustrate the sale. Is he the BR or the partner?

drum123

thehouse is not mine yet as sol advising not to complete until there is vacant possession. there just seems to be something different every day sol advising not to complete sale until all items removed from house.

drum123

he is BR!!!

vet8

Sorry I misunderstood, have you exchanged contracts yet?

drum123

no due to fact that the house still remains not vacant we cant/wont proceed until this does

RAS

it is the responsibility of the bank that repossessed the house to ensure vacant possession.

So you lawyer needs to ask them when they are going to get the bailiffs in.

And make it plain that unless they complete by a deadline, you are going to walk, unless you really donot mind wating.

Bear in mind he may wreck the palce before he goes, so you need to make sure you have another really good look round before you exchenge contracts.

In fact, you may just want to walk.

DesG

And if it was me, I would be reducing my offer per week to put them under some pressure.

Cheers, Des.

silvercar

RAS wrote: »

it is the responsibility of the bank that repossessed the house to ensure vacant possession.

By the sound of it, the bank haven't repossessed. Bankruptcy doesn't always lead to repossession. In bankruptcy the Official Receiver has control over the equity, but the mortgage will not be part of the bankruptcy as secured loans are excluded.

The partner (or ex-partner) can still hold up a sale as he is part owner.

You could try searching the insolvency website and finding the bankrupts official receiver and contacting them; they should be involved in the sale as they control the bankrupt's share of the equity.

silvercar

drum123 wrote: »

thehouse is not mine yet as sol advising not to complete until there is vacant possession. there just seems to be something different every day sol advising not to complete sale until all items removed from house.

Most people exchange when the seller still lives in the property and complete on the day the sellers move out.

Until you have exchanged either side can walk away with no liabilities.