Urgent help/advice needed...

mightymouse

Hi

Ok the charge is a second charge so to be changed to a first charge would need the courts permission. clean break both signed etc

so mortgage can at least be replaced with another without any increase.consent order says so.

I will stop there as that effectively answers your question - he has already given his consent by way of the order to a 2nd charge.

silvercar

You can't get the equity fixed, the financial settlement has been made.

Maintenance and visitation would just be a way of finding him eg the bank of the account from where the maintenance comes would have an address.

I'm surprised your solicitor can't help with this. There must be a procedure for dealing with charges from people who can't be found.

Sarahsaver

mightymouse wrote: »

Hi

Ok the charge is a second charge so to be changed to a first charge would need the courts permission.

It is the other way round, apparently. Getting a new mortgage would bump his charge UP the list from 2nd to first, I have been told I need his consent to keep it second, as the mortgage co. want first charge.

mightymouse

Hi

What is your mortgage broker or solicitor for the remortgage doing about this.

silvercar

I can see the logic of mightymouse's post.

A judge could probably decree (if that's the right word) that he accepted being ranked after the mortgage company when the charge was made originally, so there is no reason to suppose that he wouldn't accept now.

The problem is getting the mortgage lender to take that risk. I wonder if there is some sort of indemnity policy that could be taken out, incase he re-appeared and could find grounds for objection.

mightymouse

Hi

I am fairly sure it was not the courts intention to tie you in to the existing lender therefore if your ex cannot be found get a form from the lender stamped by the court to say that the charge remains a second charge.

Sarahsaver

mightymouse wrote: »

Hi

What is your mortgage broker or solicitor for the remortgage doing about this.

Naff all AFAIK which is why I am asking on here;)
You lot have been more helpful than them

mightymouse

Hi

Also check the wording of the second charge and change this through the court if necessary to prevent this problem arising in the future.