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Response to possesion proceedings in 28 days

from Too scared to say (iwasduped@yahoo.com)
I'm still awake and stunned at the apparently total incompetence of your partner's solicitor.I'm sorry, but if the husband went bankrupt way back when and your partner had an offer in to the trustee, the trustee has a duty to accept a "reasonable" amount in satisfaction of the bankrupts debts. At that time, at the figure your partner's solicitor agreed with the trustee, that duty was served. Where is the paperwork? If there is none related to this original offer(and there would be,I've been there) there are some serious questions to be asked of your partner's solicitor. If there is paperwork, why wasn't the deal followed up for two years?!!! If you have proof of the trustee accepting the offer, then it has to be completed at the original amount.

Your figurework on the current values is flawed unfortunately, it doesn't work that way. Your partner is jointly and severally liable for the mortgage and the property secured against it (i.e.the asset of the house) so it doesn't matter who was paying the mortgage for the last 55 months, she will not get "credit" for it in that way. All she's done is increase the value of a property she only had a half interest in when the trustee stepped into the picture. Why didn't she secure her ownership all this time? Even if your partner wasn't familiar with the implications of doing nothing her solicitor would have been. I would suggest that her solicitor's actions need to be looked at immediately. You've lost the remortgage fee money, that is not the fault of the trustee, even with all the muddy water here. There is no way a remortgage should even have been contemplated without the title to the house being solely in your partner's name, or both your names after the transfer of equity. Whatever you have personally put into the house up to this point is irrelevant. You have no claim on the property. What a mess, I am sorry!

(posted 7849 days ago)

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