Selling a property when no contact with joint borrower in years, please help

TBagpuss

Getting a court order would be a slow and expensive process - and you'd still need an address in order to serve him with notice of the application.(you may be able, ultimately, to dispense with service, but you'd have to show that that you'd made all reasonable efforts to bring the application to his attention) Do you know the names or addresses of any of his relatives? What time of work does he do? is there any trade body he is a member of which might have his details?

If not, then try the last e-mail address you had, and also consider finding a process server to track and give him notice - some will do fixed fees so you can keep in control of the budget.

Land_Registry

With regards to resolving your enquiry through guidance on our website, unfortunately it would not be practical for us to post guidance to specific cases. We only post procedural guidance to the most common problems.

I can only reiterate Running Horse’s comment that all of the registered proprietors must be party to the transfer of the property. If, for any reason, one of the registered owner is not a party to the transfer, Land Registry would require documentary evidence to explain their non-participation. In your situation if you are not able to locate the whereabouts of the other owner, as G_M says, you will have consider applying to the courts for assistance in executing the transfer.

We would recommend you seek legal advice on the matter.

hazyjo

Do you remember where any of his family members lived? Worth a trip or letter to see if they have contact details for him, or at least can pass on your details so he can contact you. If you can't remember house numbers or street names, try 'virtually walking' round google maps for a while!

Most of my friends' parents have lived in the same houses my friends grew up in (for decades!)

Jx

BlueIsTheColour

Thanks to everyone for all the replies, apologies for disappearing off the face of the earth, been ill and had some problems.

I did seek legal advice as recommended, and it was exactly as has been said, long and problematic if we had to go the legal route.

Like Hazyjo said, I managed to contact his sister and she has been acting as an intermediary so we have jointly instructed a solicitor and she is doing most of her liaisons with him via email, so fingers crossed he will sign the necessary documents in good time.

Unfortunately the buyer I had for the property pulled out at the weekend so we are now back to square one

TBagpuss

thanks for the update. I hope you find a new buyer and are abble to sort it all soon.

Richard_Webster

Really no point looking for a buyer until you have that court order - which can take ages.

If there is going to be any money left after the mortgage has been paid off then if you can contact your ex he/she will probably ask for a lot more than you think he she is entitled to, saying that you will be saving the cost of the court proceedings.

BlueIsTheColour

Thanks Richard, as my ex has agreed to cooperate (through his sister) then there is no need for court proceedings. He has provided his ID etc to the solicitor so all should be well, once we find a buyer.

My solicitor is aware of the situation and as long as he gave his joint instruction she was happy, and now contacts him via his sister or email.

Just need that buyer now...

aldershot

give the past history and the time it might take to complete a transaction, could you think about a transfer into your sole name prior to sale? Selling is stressful enough without him disappearing off into the sunset again just as you are looking to sign contracts....

BlueIsTheColour

I wish we could aldershot, but it's mortgaged and the mortgage company wouldn't entertain giving it me in my sole name, so I assume that impacts on the ability to transfer the property in readiness?

Your post describes my biggest fear to a tee...