Forcing a Property Sale ?

Bossyboots

rfsteel wrote:

Re: moving on with my life, I sure am, just waiting for my US Work Visa to be approved by the US embassy, then I'm outta here from next month

Then I would venture to suggest that is even more reason for settling this as quickly as possible.

rfsteel

Can any one help me where I stand.

It has now been over 8 weeks since the ex and myself drew up and agreed on a document detailing what was owed and was going to happen to our property.

Since then I have left for the US, happy in the fact that things had been decided and documented as to what was happening.

Though now, I still haven't got my share, since moving to the US the ex has taken an extra month to get her mortgage offer accepted, since then her solicitor has been intouch with me asking me to sign over the deeds to the property along with a letter explaining that the terms and figures of the settlement will be drawn up for my approval.

So as of the 30/09 our joint mortgage and loan has been settled, the deeds transfered into the ex's name, though my share of the outstanding owed funds or any letter from her solicitor have not materialised.

I feel I have been more than understanding due the extended time frame, but now it seems that the ex is expecting me to contribute towards the extra months mortgage payment, her solictor fee's and stamp duty, even though I was not responsible for the delay in her mortagage application, which took over 3 months to finalise.

In the last week I have been on to her every day to get details on what is being paid and when, and each time she says the solicitor has the money and is unable to contact him for an explanation.

Where do I stand ?

Bossyboots

You should contact the solicitor direct. These would have been cleared funds into his firm's account and should have been despatched to you immediately. I wonder though whether your ex has told him to hang onto the money until there is an agreement for the deductions you mention to be made. This is incorrect procedure and you need to contact the solicitor directly, not through your ex.

If you cannot contact the solicitor, ask to speak to the partner in charge of the branch or the senior partner. Do not be fobbed off, there has to be someone in the firm who can look at the file and tell you what is occurring. If necessary ask to speak to the cashier who will be able to look at the ledger and tell you where the money is.

Robert_Sterling_3

Grab it and run.

rfsteel

I wish I could grab it and run, though so far I have not been given anything to run with.

As for contacting the solicitor directly, I will try this, but I don't hold much luck, specailly being 5 hrs behind the UK, giving me a very limited time window.

I have in the interim recieved a Completion Statement from them, infact about 10 mins after I posted this, detailing what they are expecting me to pay.

This details the facts stated above which I feel I shouldn't have to pay for;

extra mortgage payment,
solicitor fees,
bank transfer fees
stamp duty ....

This figure is some £600 under the previously agreed value and is currently over 6 weeks late.

Surely there must be something more I can do !! In the interim I have offered to accept the ex's current offer, on the understanding the the outstanding £600 is detailed in the completion statement and that I give her a till the end of October to pay. This must be a fair compromise ?

Bossyboots

The bank transfer fees are acceptable provided that is the fee to transfer from them to you.

It is usual to pay half the solicitors fees for the transfer of the property only.

The extra mortgage payment was while you were still a mortgagee so I think you might have to bit the bullet on that one.

The stamp duty is her sole responsibility not yours as she has the benefit of the registration which is nothing to do with you.

I think you are being far too generous on the date for the funds being sent to you and if it was me, I would agree to the above on the understanding the funds are transmitted within five working days.

rfsteel

Sorry, I meant too say I will accept payment of their/her suggested offer by 16:00 tomorrow, and that the extra £600 should be paid by the end of the month.

Still as yet, no responce to this offer.

rfsteel

Well I'm back, still without the full amount owed being payed off.

I know it's only £500, but it's the principal of the matter, what can I do to ensure I get the full amount owed back from the ex ?

irnbru_2

Is it just the £500 your waiting for?

Robert_Sterling_3

I think the offer is perfectly fair.
If you think the price is too low then why not buy it your self from the Ex paying her what you think it is worth.