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Preempting missed consent order deadline

Posted by Slowdivorce 
Preempting missed consent order deadline
May 09, 2020 10:00PM
1st April our consent order was finally approved by the courts. It states i will give my ex a lump sum payment once my ex transfers the title deeds over to me. This should all be completed within 56 days. Which would be 27th May. I have a mortgage offer which is due to expire just 10 days later on the 6th June(this has already been extended twice, and no way will nationwide allow this to be further extended)

Now with my exs record of not replying to letters or signing documents on time during the whole divorce process. I am concerned that i will miss the 6th June deadline, which in turn will mean that I'll have to apply for another mortgage. But this will be most definitely be a less favourable mortgage for myself higher interest rates and cashback removed for instance.

I am also aware my ex will have to get a conveyancing solicitor to sign the tr1 form. But as solicitors offices are currently closed i doubt she'd be able to get this signed.

What is the best way of ensuring the transfer of title deeds and Remortgage is completed ideally within 56days as agreed in the consent order.
Re: Preempting missed consent order deadline
May 13, 2020 11:36AM
The property is being transferred to you. Therefore it is your responsibility to get the transfer deed drawn up and presented to your ex wife for signature. Whether she uses a solicitor for that is a matter for her but it is your responsibility to get the document drawn up and you need to ensure this is sent to her for signature before the 56 days are up. If you do not then it will be you in default rather than your ex wife and you can expect to pay interest on the lump sum due to her at the rate of 8% until it is actually paid if you miss the 56 day deadline.
Re: Preempting missed consent order deadline
May 14, 2020 12:29PM
She has recieved this letter, and 2 follow up letters
The last saying we will apply to the courts and with a cost order attached if she fails to sign by the 56 day.

I do not want to miss out on this mortgage offer and no way would o want to incure 8% interest. I want this settled as per the consent order asp. Unfortunately she isn't playing ball as per normal! I wouldn't want to use court but i guess I'll have to.
Re: Preempting missed consent order deadline
May 15, 2020 11:00AM
The question is not really whether she has received letters but whether she has received the TR1 to sign.
Re: Preempting missed consent order deadline
May 15, 2020 12:49PM
She's definitely recieved the tr1
Re: Preempting missed consent order deadline
May 15, 2020 06:37PM
In that case how the order is enforced will depend on the wording of the court order but typically such orders warn the parties affected that if they fail to comply they may be committed to prison for contempt. You ex needs to be told in writing that if she does not return the executed TR1 by a certain date then enforcement action may follow without further notice and that if such action becomes necessary you will be asking the court to order that she pays all the legal costs involved. The letter may prompt her to respond (because such letters usually do) but in any event it needs to be written so that if and when you have you have to make a court application and claim costs you can show the court that she has been formally warned of this possibility in advance.
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