Co-owned property now in mortgage arrears due to other party not paying!! HELP!!

ryanx909

So I've had a cash offer from webuyanyhouse.com of £110k. This would cover the mortgage and fees outstanding. Apparently they just need a copy of the court order which gives me full control of the sale. All they need is two local agents appraisals which can be done online and they are prepared to buy at that or probably just under. The guy I spoke to assured me they have cash so I guess we'll see. I'm still not having any luck getting through to Halifax to talk to them but in the meantime this seems to be my best offer.
Thanks for everyone's input today.
Ryan

anselld

Dont know about that one in particular but the MO of these rapid buy any house places is to suck you into further commitment to them and then drop the offer price at the last minute for some invented reason.

I would me more inclined to look to auction personally.

Incidentally it is not clear what your ex is hoping to achieve by stalling and not paying the mortgage when she doesn't even live there.  She is causing as much damage to herself as she is to you.  What is her motivation?

ryanx909

I have no idea what her motivation is other than to say that she's simply trying to maintain some kind of weird contact and control over me. 
Apparently I'm able to walk away from the cash purchase at any point. I'm totally aware they may try to lower the price but my options are limited right now so might as well look into the ones I have. With her not paying the mortgage and me not being able to get through to the bank to speak to anyone, the situation needs to be brought to the quickest end possible.

Slithery

Don't be surprised if their offer drops to around £80-90k the day before exchange because of 'made up reason'.

That's their usual modus operandi, your very lucky to get anything more than 70% of the actual value with these companies.

Comms69

ryanx909 said:

So I've had a cash offer from webuyanyhouse.com of £110k. This would cover the mortgage and fees outstanding. Apparently they just need a copy of the court order which gives me full control of the sale. All they need is two local agents appraisals which can be done online and they are prepared to buy at that or probably just under. The guy I spoke to assured me they have cash so I guess we'll see. I'm still not having any luck getting through to Halifax to talk to them but in the meantime this seems to be my best offer.
Thanks for everyone's input today.
Ryan

Sorry but these companies dont play ball. You will get around 60-65% of their initial offer; 70% at a push. 

ryanx909

Slithery said:

Don't be surprised if their offer drops to around £80-90k the day before exchange because of 'made up reason'.

That's their usual modus operandi, your very lucky to get anything more than 70% of the actual value with these companies.

Yeah I know that's likely what will happen but I can just walk away if that's the case.

[Deleted User]

Comms69 said:

Densol said:

What an absolute nightmare !
what about gaining entry and a property company buying it quick to cover the outstanding mortgage ? 

Would still need exes agreement

It depends on the wording of the consent order
it would be relatively easy to apply back to the family court for the judge to sign the transfer if ex wont 

OP - you could probably muddle through that yourself 
finance solicitors suck you dry 

[Deleted User]

ryanx909 said:

Comms69 said:

Densol said:

What an absolute nightmare !
what about gaining entry and a property company buying it quick to cover the outstanding mortgage ? 

Would still need exes agreement

I have a court order that states I am in full control of the sale of the property so I believe that all that would be needed is a signature and failure to do that apparently we could petition a judge quickly on her behalf if shes purposefully trying to frustrate the order. My solicitor is pretty certain that she is locked out of all aspects of the sale because its unreasonable to allow her final say given her previous behaviour and the need for an order at all. Again, this is all up for discussion though because so far the court order has just muddied things further than provide any real clarity.

Aaah - good you have one 
the consent order should have been bullet proof - not muddling 

tacpot12

I wonder if you might use the fact that you could go to auction as as lever to get her to co-operate with the sale. If she is not living there, there is no dis-benefit to her if the property is sold and a big benefit if it is - she gets her share of the equity. You might give her one last chance to co-operate to get the best price you can for the property which maximises her share, otherwise tell her you will sell it at auction (set a reserve on it that means the mortgage will be cleared if the property sells).  

ryanx909

Densol said:

ryanx909 said:

Comms69 said:

Densol said:

What an absolute nightmare !
what about gaining entry and a property company buying it quick to cover the outstanding mortgage ? 

Would still need exes agreement

I have a court order that states I am in full control of the sale of the property so I believe that all that would be needed is a signature and failure to do that apparently we could petition a judge quickly on her behalf if shes purposefully trying to frustrate the order. My solicitor is pretty certain that she is locked out of all aspects of the sale because its unreasonable to allow her final say given her previous behaviour and the need for an order at all. Again, this is all up for discussion though because so far the court order has just muddied things further than provide any real clarity.

Aaah - good you have one 
the consent order should have been bullet proof - not muddling 

Absolutely should have been but as is likely often the case what appears to be exactly as it should be ends up being open to interpretation which has been problematic. The biggest issue is the time to go back to court and the cost when all she has to do is ignore it. Burden of proof is on me unfortunately - which I have - but it still doesn't and hasn't stopped her from defying it at every opportunity. It doesn't state explicitly that failure to comply has any immediate consequence as at the time of it's writing we both agreed to the terms and therefore there wasn't a need to have any enforcement written into it. I guess you don't expect to have to take someone back to court when they agree to everything that's being said the first time.