• Lender Repossessed & Threatening To Dispose My Former Matrimonial Home

    By Guest on 25th Nov 2016

    My former matrimonial home is subject to a high court order making me legal beneficiary of £1,000,000
    I have registered rights on the land registry both matrimonial and the court order.
    yet the lender claims they have a buyer who is happy to by the property with restrictions.
    Can someone buy the property with my interest registered in the form of matrimonial rights & a high court order

  • 2 Answers

    By Guest on 26/11/2016

    Assuming that the lender has a mortgage registered and it is owed money, it can liquidated the asset subject to getting a suitable court order.
    You should put a solicitor straight away to ensure that your rights are protected.
    Your rights should be protected in full and undiluted unless they were subjrct to the mortgsge or you had consented to it.

  • By Guest on 26/11/2016

    Just to add to what the previous user has said, your interest will likely rank after the lender. If the mortgage was created before your interest was noted on the register then it is entitled to sell free of it and use as much of the sale proceeds as are necessary to settle the mortgage debt. If there is any money left over after the mortgage debt is paid however and there are no other creditors with interest registered against the title in priority to your, the lender should then distribute the remaining proceeds (up to the value of your claim) to you. The entries on the register in your favour will be removed from the register automatically when the transfer to the purchaser is registered and you will have no claim against the purchaser.

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