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Consent order and timings of receiving the money

(10 Posts)
JLbaby Wed 06-Sep-17 13:17:05

Does anyone know whether a consent order has to be sealed by the court before the mortgage lender will release funds?

Back story - exh is buying me out of the house and is getting a new mortgage in his sole name. I am in the process of buying my own place and I am nearly ready to exchange. He is only now telling me that his mortgage lender wont release the money until the consent order is sealed by the court (it has been signed by both our solicitors and submitted to court) which is in 8-10 weeks time!!

On a separate note he has the money sitting in his bank account/in shares etc, so it's not as if the mortgage lender has to release any money at all anyway - is it me or is he just stalling??

OP’s posts: |
Helpmeltb Wed 06-Sep-17 13:26:48

Mine can't be done until stamped by the court but that was my solicitor's advice not the mortgage lender. The paperwork for taking my name off the mortgage is signed but can't be submitted until court stamps the agreement.

Helpmeltb Wed 06-Sep-17 13:28:54

Oh and the agreement states he has urdays from the date the court stamp it to pay me the equity, etc.

Helpmeltb Wed 06-Sep-17 13:29:29

56 days

(Sorry, bloody phone keeps 'correcting' stuff)

JLbaby Wed 06-Sep-17 13:45:27

Mine also says 56 days, but it says I can have the money within 56 days of the transfer into his name being done, doesn't say anything about it being stamped by the court....all of my paperwork has been done too!

Is there no way around this?

OP’s posts: |
Passthebiscuitspls Wed 06-Sep-17 19:52:44

I asked my solicitor this as I'm so close to completing on a house and the consent order has been referred by the judge pending a court date. She said legally, it can go ahead without the consent order being stamped.
I'm hoping she's right because it looks like I will complete before the consent order is agreed by the judge.

JLbaby Wed 06-Sep-17 20:03:28

That's good to know! I also hope she's right.

OP’s posts: |
Secretsout Wed 06-Sep-17 20:12:27

JL my consent order has just been sealed by Court. It was originally rejected as solicitor had missed a signature off an accompanying document. She corrected it and sent it back with a cover letter asking for it to be expedited urgently. It was back within 10 days. And it wasn't a straightforward equal split. This was at Stoke on Trent.

JLbaby Wed 06-Sep-17 20:27:55

Thanks, mines at Bury St Edmunds. I just hope it doesn't need to be stamped before I get the money!

OP’s posts: |
IrritatedUser1960 Thu 07-Sep-17 19:05:28

I've done mine and no stamp by the court. It doesn't need to be stamped by the court, my solicitor said it's better if it is as the judge might not stamp it in retrospect if the court think the settlement is unfair but that this is extremely rare and hardly ever happens. As long as both parties agree even if the court disagrees you can still go ahead regardless.

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