6 years and still trying

sickas

So 6 years ago I split from my ex, he wanted to keep the property which was fine and i moved with kids to a rented property. The agreement was within a year he would sort finances and remove me from the mortgage. 6 years on I had to hire a solicitor to threaten him with force of sale. We're now in the process of getting me off the mortgage. My dilemma is he has a TR1 form to remove me from deeds to house but no paper work to absolve me from mortgage. I have to pay again if I want my solicitor to rectify this. I don't want to do this if it's a simple fix like telling him what form he needs from his solicitor to absolve me. I know there's another form as my solicitor already adviced me not to sign the TR1 form without this (but she didn't name the form). He already wants half the money for his half of the process so far so could do with not having to pay my solicitor again. I just want this over with, I don't want any money from the property just to be done with the mortgage so I can move on. He says he's got a mortgage but I can't see how he can remortgage without me signing something to be removed. Any help would be appreciated, I hope I've made sense.

MovingForwards

Can he afford the mortgage on his income? As he will probably have to remortgage or apply to the lender to have you removed from the mortgage, without their agreement you cannot be removed from the mortgage.

sickas

Yes he's reapplied and been accepted. But I haven't even had notification from the bank of this. All he has is a TR1 form to remove me from the deeds. But in all of the writing on the TR1 it doesn't state I'll be absolved from the current mortgage on the property. 

sickas

I suppose I'm afraid I sign and then he decides not to go ahead with new mortgage and I have no rights left to force a sale.

MovingForwards

The TR1 is separate to the mortgage.
Perhaps it would be worth spending some money on a solicitor. You sign the TR1, it sits with your solicitor ready to hand over to your ex's solicitor when the remortgage is done.

What happens is your solicitor promises to hand it over (provides an undertaking) when the remortgage is done. No remortgage, no TR1 is handed over. Your position is safe, albeit still stuck on the mortgage and deeds.