non compliance of court order

HELP?
I'm in the SIXTH year of a divorce.(as petitioner)I got the Decree Absolute and court/Consent Order 18 months ago. Part of that order was the instruction for her to remove my name from a small joint mortgage we have on an investment property (with HSBC)
To date she has made only two attempts at getting a mortgage in her sole name. HSBC refuse flatly to help saying there is nothing they can do, at the same time confirming that if she defaults they can pursue me for the debt. Are HSBC above the law? To date our joint legal bill is in excess of £50000-00. Neither of us are in work as far as I know. Am I stuck with this for the rest of my life?!!

She will have given a "best endeavours undertaking" - does your recital (the bit above where it says IT IS ORDERED) say "the respondent shall use her best endeavours to release the petitioner from the XXX mortgage? This has nothing to do with HSBC - the court cannot order them to give her a mortgage. Until she can obtain one in her own name there is nothing you can do. However, there should also be an indemnity in the recital should she default.

Thank you for your quick response.

Yes it does say that, but the bank have said to me very clearly that they can pursue me for the debt should my EX default, die or whatever. My solicitor at the time didn't comment on this.

Are you saying that the indemnity stops them doing that?
Does it mean I'm finally unfettered and can apply for my own mortgage unhindered etc.?

At present I am holding on to the relevant TR1 due to very real fears that once I hand it over I will lose any control I currently have.

Finally, why are HSBC in defiance of the Court, are they above the LAW. I am now moving my banking elsewhere because of this!
Other banks are happy to remove names for an admin fee.
Thank you.

No... the indemnity is from her. The court cannot interfere with the rights of the bank to go after you; you must then go after her. HSBC are not in defiance of the law and I am struggling to understand why you think they are - this is an order between you and her, not you her and the bank.

You are quite incorrect to say other banks will remove. Any bank will remove a name if they are satisfied that one party alone can pay, but all banks frequently refuse if they are not satisfied that is the case.

Hello Frustr8ed&broke.

May I try and explain the banking position to you as this was my previous career. The Bank has agreed with you both to lend you the money on condition that you both repay it with interest etc and whatever terms were attached at the time you took out the mortgage. BOTH of you have agreed to repay that debt.
The Bank may not have lent so much or indeed at all if basing it's lending on only one party's income and ability to repay.
Thus if one party wishes to be removed the Bank must safeguard it's position and ensure that it is most likely to be repaid.
If one party is not able to demonstrate the ability to repay the loan, no Lender is going to agree to taking the risk of removing the other party.
It would be the same if say, you lent a lump sum to two friends. You would base your decision on their joint ability to repay you. Then if one of them said ''I dont't want to repay this anymore please release me from our agreement''you would have to look to the other party and see if thay could feasibily repay you. If not what are you going to do?
From a Banking point of view also if every lender did so the amount of their lending which was high risk would greatly increase and impact on all sorts of issues that I won't even think of going into, suffice to say we do not need more collapsing Banks believe me.

Don't get me wrong, I can see that you are in a catch 22 situation and can not financially move forward yet.
Despite being really frustrating it does in effect put your life on hold.
I'm sorry I haven't got an easy answer for you, just thought I might be able to help by explaining it a bit for you.

Time to ask the Court of the true intention of the CO?

Elle x

Thank you for that. I have been considering it for a while but am not too sure as to how to go about it or the cost involved. I am trying not to involve my solicitor too much due to the disproportional costs involved.