Are solicitors able to hold money after sale completions

CKNIGHT78

I have already been to court at least 3 times, the court has instructed the solicitor to sign on behalf of the ex husband. What further court orders can I get if this is not being done????

eddddy

davidmcn wrote: »

In short, no. Solicitors have a requirement to check the ID of their clients before they do any material work on their behalf, so if they're still waiting for your husband to provide that information they can't get involved with exchanging contracts etc.

Given the further info provided, do you think this is still the case?

It sounds like the property is being sold on the instruction of the courts, not the instructions of the ex husband.

PasturesNew

Have you spoken to the ex's mum? Could she kick him up the jacksy?

davidmcn

eddddy wrote: »

Given the further info provided, do you think this is still the case?

It sounds like the property is being sold on the instruction of the courts, not the instructions of the ex husband.

I love these threads where we're dripfed vital information...anyway, possibly not, but maybe the court orders don't say what the OP thinks they do. I doubt the lawyers are holding things up just for the hell of it - they want to get paid too.

CKNIGHT78

I'm not sure it has been dripfed, it was mentioned that there are 3 court orders in place!!! The ex husband was evicted from the property on a court order and then same order stated I conduct the sale of the house on behalf of both parties excluding the respondent (Ex Husband) I then had to return to court on the request of my solicitors asking the court to sign paperwork of behalf of the ex husband, the court would not do this but instead put another court order in places stating a director of my solicitors is hereby authorised to execute any contract, conveyance or transfer deed in respect of the property. on behalf of the Respondent (Ex husband)
The ex husband is not responding to any form of contact from the solicitor or estate agents in order to get his certified ID, therefor jeopardizing the sale of the property as the solicitors will not proceed without this!!! The ex husband did not leave a forwarding address when evicted from the property and we have not had contact with each other, other then in the court for almost 3 years. This is why I am seeking advice as I am again in the position of losing the property through the ex husbands actions and seem to have very little power to be able to anything or get the sale completed.

Hoploz

So you have a court order stating that a director of YOUR solicitor is instructed to sign on behalf of your ex husband? Why aren't they doing that then?

CKNIGHT78

Yes that is exactly what the court order states, I took the wording directly off the order which has been sent to my solicitors and yet they will not sign the paperwork.

marksoton

CKNIGHT78 wrote: »

Yes that is exactly what the court order states, I took the wording directly off the order which has been sent to my solicitors and yet they will not sign the paperwork.

Have they said why?

Cornucopia

You really need to ask your Solictors why they are not proceeding on the basis of the Court order. It's unlikely that anyone here (even if they happen to be a solicitor) would have a greater insight than that.

Is there a particular reason why the Ex's ID is not forthcoming?

eddddy

One thought... are you using a conventional firm of solicitors, or budget 'conveyancing factory' solicitors (perhaps recommended by an EA)?

The latter tend to use admin people who just follow checklists, and they shy away from anything non-standard.