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non compliance of court order

  • frustr8tedandbroke
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15 Jul 09 #131489 by frustr8tedandbroke
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Thank you.

Excuse me not grasping this, I am a bloke after all!
I take on board your comments re HSBC, tho' I feel they could be more helpful!
Just what is the point and purpose of a Consent Order if it can't be enforced. Are the judiciary just a paper tiger?
Having my name on the joint mortgage seems to me to being like joined at the hip for life. I can't even get my own mortgage.
Re the indemnity bit, what is the point of chasing her if she defaults, it means paying yet more revenue into the bottomless pit of the legal system. Our joint legal expenses etc. are already in excess of £50000-00.
To put things with the bank into perspective, the debt is only a third of the overall value of the property and the rental income (gross) is eleven times the repayment amount. Further, in the last 18 months she has as far as I know, only made 1 or 2 applications for a BTL mortgage. She currently has the property up for sale "well in excess of its value, it's not going to sell" (estate agents words).

Just where do I go from here?

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15 Jul 09 #131490 by D L
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It seems this is a case where the order has not been explained to you fully.

She has given you a best endeavours undertaking contained in the recital. Basically as long as she can show she periodically approaches the lender or other lenders to get your name removed then she is compliant. There is nowhere to go I am afraid, other than to bide your time until she can mortgage herself.

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15 Jul 09 #131655 by frustr8tedandbroke
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Thank you, (yes it's me again) and thank you for sticking with me!

As she has made (based on evidence submitted) only one or two attempts to re-mortgage, and has insofar as I know not requested HSBC to remove my name from the existing mortgage, since the consent order made some eighteen months ago, then she is surely "non compliant"?
Can I therefore apply to Court to have this enforced?
How do I go about this (preferably on my own)?
What, if anything, can/will the Judge do?

Put simply, is there any point in pursuing this?

Very many thanks for your help and advice, it is greatly appreciated.

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15 Jul 09 #131672 by D L
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Bluntly, none at all, and certainly not in this market.

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16 Jul 09 #131720 by frustr8tedandbroke
Reply from frustr8tedandbroke
Thank you for that.

Blunt and honest is how I like it!

I shall now hang the consent order on a nail on the back of the toilet door where it belongs. Six years of my life and thousands of pounds wasted, all for a piece of paper that is effectively worthless and un-enforceable.

Your honesty is very much appreciated. Thank you.

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