Remortgage after divorce - possible 2nd charge?

tinks81

Hi, I'm not sure if I've posted in the correct place as this query is to do with both remortgaging and paying my ex husband his share of the equity after divorce. We divorced 2 years ago, and I agreed to pay him his share of the equity by July next year. My intention was to remortgage for extra funds (I have had a mortgage application accepted based on my income), and pay him the money from this. However, I have hit a brick wall when it comes to the solicitors as they will not allow the mortgage to go ahead as he has an interest in the property. My next plan was to borrow money from my brother in law, pay the ex, get his name taken off the deeds, then remortgage and pay my brother in law back. I've tried contacting my old solicitor to discuss what I need to do, but she has left the firm and I need to pay another solicitor £210 for an hour of her time to familiarise her with my case so she can tell me the way forward, THEN pass me onto their conveyancers who will want £600+ for actually carrying out the work. I have heard the words 'second charge' a few times, so I'm not sure if my ex is on the property as a second charge, or if I take out a loan to pay him off, this will be a 'second charge' on the property, meaning I still won't be able to remortgage! This is what is on the consent order from the Court -

"The petitioner shall transfer to the respondent within 56 days of the date herein all his legal estate and beneficial interest in the property subject to the mortgage secured thereon in favour of First Payment on condition that as from the date of the said transfer, the property do stand charged by way of legal charge as security for the payment to the Petitioner of a lump sum of £*** in accordance with paragraph 1 above with interest if appropriate provided always that such charge shall not become exercisable until a) third anniversary of the date of this order b) the death of the respondent, c) the remarriage or cohabitation of the Respondent with another person as man and wife, d) the voluntary vacation of the property by the Respondent or e) any sale of the property by the Respondent, whichever shall first occur or further order of the Court"

Can anyone assist me in any way please as I'm starting to worry I won't be able to pay him by next year, and I don't want to be stung for another load of unnecessary solicitors fees as I've already paid out over £1000.

Thanks