Order for sale of property

Paul acted for the Defendant in a case where the parties had separated several years previously. They had agreed a consent order where the Defendant would give up his interest in the former matrimonial home and the Claimant would use her best endeavours to remove him from the mortgage and the deeds.

However, she did nothing and built up arrears on the mortgage, damaging the Defendant’s credit rating.

In 2017 the Defendant sought an order for sale of the property to clear the mortgage and to remove himself from the deeds. A further consent order was agreed with a backstop date in early 2018 for an order for sale of the property.

The Claimant, having failed to cooperate since the previous hearing and with the backstop imminent, applied to vary the consent order and to remove the backstop. She was “assisted” by a Mackenzie Friend (her mortgage advisor) who managed to get himself removed from the court for being rude and aggressive towards the Judge.

The Judge refused to vary the order, confirming the original date and ordering the Claimant to pay the costs of the application from the proceeds of the sale of the house (with the Defendant’s solicitors to have conduct of the case).

As Red Adair said, “If you think it’s expensive to get a professional to do the job, wait until you hire an amateur!”