What can I do to force ex husband to take his current mortgage offer

Newstart2014

As part of mortgage condition I had to be removed from previous mortgage. My ex husband had been dragging his feet (over a year) to take me off. Well I had enough and submitted doc to Family court. The court date is on the 12th March, but this seemed to put a rocket up his backside. But also tried to see whether lender will remove the T&C of my removal from previous mortgage.


We exchanged with the assurance that his re-mortgage would be complete. What a fool I was.


My ex husband has now got an offer but has advised me that it's unlikely he'll now complete on his offer in time for my completion The reason that there will be a delay is that the current offer with Halifax will cost him an extra £10k a year. He is now awaiting a valuation form another lender for an offer. He has said that it best we push back the completion date. He’s even had the nerve to suggest that we either give the vendor the deposit, get a bridging loan or push back the date.

I have advised him of the legal ramification from our side, but also from his as there is a date set with Family court on the 12th March.

He has a solicitor, but has said there is nothing for him to do until the new offer comes through, but I have again asked that his solicitor call my solicitor, for clarification on our situation. And there is so much he could be getting on with.

Due to the pressures my mother has asked if being a guarantor would help any. She has two properties in London which are both basically mortgage free (approx. 5 years left) and also property in Florida.

I just don't know now what to do. Do I look at Bridging loans, which are very expensive. Broker looking at any possibilities but I need to make sure my offer is not in jeopardy in any way.


I'm now going back to divorce lawyer to see what can be done. Completion date 4th March.


Help!!!!!!

antrobus

Newstart2014 wrote: »

What can I do to force ex husband to take his current mortgage offer

Nothing.

Presumably your consent order says something about your ex-husband having to use his ' best endeavours' to secure your release from your previous joint mortgage. It would be up to the court to decide whether or not this included having to pay "an extra £10k a year".

Newstart2014

Yes consent order states this, and I've also had a declaration of trust to enable me to get my lump sum (deposit) and gave him an additional 6mths (now expired). The existing mortgage is for £282k and the current valuation £480K . I got nothing like equal share of equity. Wanted a quick and clean break.


If there was nothing that the courts could see needed to be looked at, surely they wouldn't have given us a court date to be seen by a judge?

Newstart2014

Just to add, current mortgage is interest only which is only £584 a month. He has no plan in plan for the capital, and guess he's had to now go to repayment. We have joint residency and financials of our 15yr daughter. And he's in a well paid job (approx. £45k pa)

getmore4less

£45k income and trying to get a mortgage for £282k are you sure he has a mortgage offer on the table?

Where is the money coming from to pay you?

Newstart2014

Sorry my head spinning from this all.


He's adding his brother onto the new mortgage. He's on approx. £30k. He's brother is living with him


He has already given me my lump sum (which is my deposit) and I have already exchanged.
He received the money from his mother, as she gave all her kids a lump sum from the sale of her house. About £75k each

Thrugelmir

The fact you exchanged is your problem not your ex's. A different issue to the release of equity in the property. So while the 2 are related they are separate.

Look for bridging finance as a back stop. As you'll receive your equity that's a certainty. The timing is obviously more of an issue. The equity also provides the lender with security as well.

Newstart2014

Thanks for your advice. I took him at his word, and as he had a offer accepted this, as there is a real possibility that going to court he would have to sell. I consented to a smaller lump sum and also paid half of his outstanding debts (£12k) for a clean break. I could no longer take the emotional abuse.

I have suggested that he in fact look for a bridging loan. I just can't afford it. I am starting a new life in this house with not so much as a pot to p in. I'm starting completely from scratch.

Newstart2014

Also he delayed in trying to transfer via current lenders as he had inflated his brothers earnings. Another fact he does not want me to let know in family court.

Yorkie1

Newstart2014 wrote: »

Also he delayed in trying to transfer via current lenders as he had inflated his brothers earnings. Another fact he does not want me to let know in family court.

In which case you need a Plan B if he is unable to get a mortgage at all.

Newstart2014

He has said he has a mortgage offer with Halifax but it works out to £10k more a year than what he's paying.

But really I have no prove that this offer is real either I guess