Consent order fulfilment

[Flips1980]

Hi -I’m hoping someone can help me.

I have my sealed Consent Order and was given the standard 56 days to give my ex the lump sum, remove him from the mortgage and him to sign the transfer of equity. I have the money to give to him but the mortgage to have his name removed is taking forever due to Covid and therefore the transfer of equity isn’t ready to be signed till the mortgage is done.

Does anyone know where I stand if I transfer him the money on the 56th day but the other two components aren’t done till they’re available?

Thanks

Personally i wouldnt give any money until the legals have been done. I wouldn't worry about the delay, as long as you can show you have tried to move it along as best you can during that duration. You could give him the interest that will be stipulated in the order whilst it is being resolved, or you could try and put pressure on your solicitors/mortgage company who should be aware of your timeframe. I'm not a solicitor btw, so this is just my opinion.

Thanks for your thoughts - on principle I agree but I worry that if I don’t at least give him the money he will create problems and apply to the court that I haven’t complied whereas he’s unlikely to that if he has his money. There is no interest stipulated in the order. The order does stipulate that he has to be removed from mortgage and he has to sign house over so if he’s doesn’t and he has the money I suppose he will be the one in contempt of court 😬

As he doesn't sound like a very pleasant person, l would stick to it being all above board and just follow the process....no deviations.

If covid is the reason for the delay then that is a justified delay and you won't be penalised for it

Also by the time it gets to court it probably would be resolved...log everything by sending chasing emails...there will be a point where you are reliant on him signing some paperwork and sending it back to his solicitor...if he has your money, what incentive has he for hurrying this up? 56 days in current climate seems low, solicitors only move when prodded, else they are glacial. Point out to the solicitors that they will be expected to account for delays in their communications should you be dragged back to court which will not reflect well on their company. Phone your mortgage company/advisor and see if they can help move things along, remind them of the legal deadline you are under and the penalties you might have to face