Can we force sale?

cantcope

we are using a solicitor. However, as per earlier post my husband hasnt asked a lot of questions. He's just asked them to process what needs to be done to force the sale, given them a cheque and left it at that. we've heard nothing since about July when they said ex had not been in contact after the letters were sent telling her of our intentions and every time he calls them now they are busy or tell him there is no news, and then he doesnt ask these questions. He wont ask anything

Thrugelmir

cantcope wrote: »

we are using a solicitor. However, as per earlier post my husband hasnt asked a lot of questions. He's just asked them to process what needs to be done to force the sale, given them a cheque and left it at that. we've heard nothing since about July when they said ex had not been in contact after the letters were sent telling her of our intentions and every time he calls them now they are busy or tell him there is no news, and then he doesnt ask these questions. He wont ask anything

Then he needs to ask what the next stage is. to force a sale. The ex is most likely sticking her head in the sand in the hope the matter disappears.

What needs to be considered is that your husband is still liable for the mortgage. So doing nothing is really an option.

holly_hobby

Wh05apk wrote: »

I think the 12 yr bit relates to how long they can chase him after he stops paying, if they agree to a payment plan, then that plan can last longer than 12 years, or if he stops paying after 5 years, they have a further 12 years to restart proceedings again, it's not a case of the debt getting written off after 12 years.

Yes, its either from default or last payment/acknowledgement if post registration of default. So as I said, if post default he made his 50% payment as suggested by the OP (but the lender refused to remove his liability, or accept this in full and final settlement of the account), and no further payment or acknowledgement was made from that date, it would be 12th anniversary from the last activity (i.e his payment) under the account, that would be the effective date.

Its also not written off by the lender voluntarily, it actually becomes statue barred under the Limitation Act 1980 - where further pursance by the lender or any assignee, is lawfully prohibited.

But I do think the easiest and less painful solution for the long term, would be for Mr Cantcope to repay any sfall realised on sale (if possible) and just put the whole episode behind him & Mrs C. I can and do understand Mrs C. being so angry with the ex, but sometimes you just have to see past it to move on.

Hope this helps

Holly

cantcope

Thanks all. I'm not so much angry at the ex, i've never met her, and i wouldnt want to move out either if i were in her position. nice house in nice area paying almost half what rent would cost. She just seems to enjoy hearing him upset on the phone and belittles him.
I am however getting angry that husband is so laid back when i am so distressed, he is just so timid so i wouldn't rage at him even though i feel like it sometimes.
Trying to be patient......trying.... he called solicitor again yesterday apparently. All out for christmas lunch!

holly_hobby

Keep us posted Mrs C.

H x

cantcope

Hubby finally got holf of solicitor yesterday. Waiting for court date, ex has instructed a solicitor. He was told that it's most likely lender will expect 50/50 split but i've explained to him we shouls be prepared for paying all of it. So i guess now we wait............. Any ideas how long anyone?

Firefox1975

She will be stuffed when she has to start paying rent instead of interest only on the mortgage! :-)