CBO to Mortgage company

[Rose7728]

Hi

upon transfer of ownership for equity of a house does the mortgage company need to see the terms of the clean break order? Reason I ask this as the ex has requested a 90 day period to find other accommodation which has been agreed but the mortgage company are saying funds will only be released upon the ex vacating the property. Surely its between us those terms? Wondering if all they need is the TR1 signed and not the CBO. Any advice appreciated

If it is a condition that he vacates the property before they will release the funds, you must comply with that condition regardless of any orders. It sounds like you want to lie to them so that they release the funds while he is still living there. If you do that, you will be guilty of fraud. You should complete the transfer when your ex has moved out, not before.

Thanks for that. Its because being as the ex is on the mortgage they cannot get a council place. Not sure how to do this as its taken 2 years to get to this stage and were in court next week for FDR (if we cant make the CBO work)