Are solicitors able to hold money after sale completions

Guest101

CKNIGHT78 wrote: »

It is ridiculous that I have to wait and risk the loss of the sale because the ex husband is not prepared to supply the documents.

I don't understand this type of complaint, I mean you married him!


Either way, your solicitors must act in the best interests of both clients, and therefore are waiting on him. If the property is repossessed, you may still get some of the equity, as the lender is still required to get the best possible price.

CKNIGHT78

Thank you. I am putting huge pressure on the solicitors I was just wondering if anyone would have any idea on why a solicitors firm would not sign paperwork even with court orders in place.

The ex's ID is not fourthcoming because of the ex not responding or purposely holding up the process.

Thanks all for who added to my thread!

CKNIGHT78

Guest101 wrote: »

I don't understand this type of complaint, I mean you married him!

This really isn't helpful advise but thanks for your comment!

Guest101

CKNIGHT78 wrote: »

Thank you. I am putting huge pressure on the solicitors I was just wondering if anyone would have any idea on why a solicitors firm would not sign paperwork even with court orders in place.

The ex's ID is not fourthcoming because of the ex not responding or purposely holding up the process.

Thanks all for who added to my thread!

To be honest I missed one post so here goes: You've not spoken to him for 3 years?


When did you get the order for eviction (presumably 3 years ago?) - that included the sale aspect, but you haven't sold the property for 3 years?


When did you get the order for the solicitor to act on behalf of your ex husband (which is probably why they are reluctant to act, as they have a duty of care to him now) ?


And what have you been doing for the last 3 years? The solicitors may be abit hesitant as you may not have followed the court orders in a reasonable timeframe.


Finally after 3 years you have no forwarding address, so how are they contacting him? Email - might've changed it. Phone - even more likely to change it.


Have you made reasonable steps in the last 3 years to trace him? Can you evidence this?


I can totally see why the solicitors are being cautious.

CKNIGHT78

I don't feel I need to explain myself to you! I was looking for advise on solicitors not proceeding with the sale not to explain my personal life to anyone else.

I don't feel that what you are giving is constructive and the solicitors are acting on my behalf and not his as he was excluded from the sale proceeding as instructed by the court.

Thank you

Hoploz

The sticking point seems to be they can't get hold of him to confirm his ID.

But I assume the court who made the order had his ID when they made the order, so I would have thought, like when there is an absent person, it shouldn't be needed.

You really need to take this up with your solicitors. Have you made a complaint to the senior partners? If you aren't getting any joy with them then I'd suggest some sort of ombudsman, but I can't offer anything more useful than that I'm afraid. I hope it gets sorted out very soon it must be horrible for you.

Guest101

CKNIGHT78 wrote: »

I don't feel I need to explain myself to you! I was looking for advise on solicitors not proceeding with the sale not to explain my personal life to anyone else.

I don't feel that what you are giving is constructive and the solicitors are acting on my behalf and not his as he was excluded from the sale proceeding as instructed by the court.

Thank you

You seem to be confusing someone prying into your personal life (which I'm not, as I couldn't care less) with someone advising WHY the solicitors aren't doing what you want.


The solicitors are instructed by the court to act on your ex husbands behalf - perhaps someone should've explained that to you.


If you cannot show in evidence that you have done your utmost to contact your ex husband, then the court should not have made that order, but courts do make mistakes. Your solicitor clearly has picked up on the fact that for 3 years your ex husband hasn't been contactable.


Since you don't want to share the timeline of events, it's also perfectly reasonable for a solicitor to ask why an order was not followed through for 3 years.


- just because it's not what you want to hear, doesn't make it not constructive.

CKNIGHT78

FYI the court order was put in place in Novemeber last year and May this year. Please do not respond as I do not feel I need any input what so ever from you.

Regards

Guest101

CKNIGHT78 wrote: »

FYI the court order was put in place in Novemeber last year and May this year. Please do not respond as I do not feel I need any input what so ever from you.

Regards

1: Public forum. So you don't really have a choice


2: Well at least that rules out the lack of contact for long period of time. So now it seems to rest on the duty of care aspect. What contact details do the solicitors have for him?

davidmcn

CKNIGHT78 wrote: »

I'm not sure it has been dripfed, it was mentioned that there are 3 court orders in place!!!

To be fair, your original post (which was all I had to go on at the time) doesn't even hint at a court having been involved.