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Response to possesion proceedings in 28 days

from john (john.vincent@quista.net)
I have just spoken to a solicitor who inturn has said that trudi is actually entitled to more that 50% due to the fact that her partner renegaded upon his contract with the mortgage company when he cancelled his direct debit some 4.5 years ago " something to do with some new act " and that her interest is actually worth more. the solicitor also said she is entitled to at least half her payments back since her partner left the property due to the fact that the mortgage contract would have been terminated if she did'nt take over the payments. and that she is entitled to payment for the upkeep and maintenance of the property. this is something the trustee has also agreed to but said he had to work out the back payments according to this so called scale. The solicitor said there would,nt be any equity after the mortgage company repossed the house. She also said that we must first thing tommorow morning apply to the courts for a declaration of trust under the land act of 1997, as trudi's share is now more than 50% of the property value considiering he left 4.5 years ago. After this declaration of trust has been applied for we can notify the trustee and take him to court based on the fact that he is no prepared to negotiate the settlement. The solicitors exact words were, when you tell the trustee you have a declaration of trust order under the 1997 land act, you will find he will back down straight away. "hope this is true" and negotiate a settlement. Oh finally, because I have money tied up in the house in various ways like the bathroom, door , kitchen I am quiet within my rights to remove my property from the house....!!!! I am not considered a party to the contract on the house...hey I lent her the stuff until she could replace it with her own. I think we would have it revalued after i remove my belongings....to see what equity was in the house....

will keep everyone updated

(posted 7850 days ago)

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