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Ex partner won't sign mortgage discharge papers

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ElizabethP View Drop Down
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Joined: 12/January/2018
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  Quote ElizabethP Quote  Post ReplyReply Direct Link To This Post Topic: Ex partner won't sign mortgage discharge papers
    Posted: 12/January/2018 at 12:48
Hello all,

Hoping I have put this topic in the right forum. Please advise if you think it may be suited somewhere else as well.

My ex partner won't sign the mortgage discharge papers. The valuation on the property has been done, the court has agreed and drawn up the docs. I am taking over the mortgage in whole but now that he has to sign them...he won't. He thinks the valuation is wrong. Problem is, the courts have ruled that he gets nothing from the home itself but other assets like the car that we payed off together he will get. He won't sign the documents. Obviously this is for malicious purposes as he has never wanted me to have the home and has expressed this many times. What can I do? Is there a way the courts can help me here? My bank is awaiting these documents so I can reestablish the loan. To add, I am not selling the property. I intend to remain living in the property.

Thanks all,
Elizabeth.

rannii View Drop Down
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Joined: 25/May/2013
Location: Australia
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 12/January/2018 at 17:21
Hi,

I assume your orders said “do all things necessary to enable transfer”.   Or something to that effect.

My ex tried the same (I had 2 years to arrange finance), thankfully he still had his solicitor retained - so a simple letter requesting signature, and failing so an application to the courts and threat of costs - paperwork was signed within 24 hours.

Solicitors cannot aid in someone contravening orders.

You will need to seek an enforcement order with the court.

ElizabethP View Drop Down
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  Quote ElizabethP Quote  Post ReplyReply Direct Link To This Post Posted: 13/January/2018 at 00:35
Evening Rannii,

Thank you for your prompt response. What application would I be filing for in the event that he does not sign even after the request to sign is sent?
I feel there might be some light at the end of a very lengthy and dark tunnel here after your response.

Can the courts really force him to sign them? We have had a licensed evaluator come out in preparation for the documents to value the property and as I am assuming the entire mortgage by myself the mortgage papers need to be signed over. He believes that the valuation is wrong and wants a real estate agent to visit the property and redo. But it does nothing for him as the courts have ruled that this asset he can not gain any funds from. It is all very frustrating.

emca01 View Drop Down
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Joined: 20/July/2012
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  Quote emca01 Quote  Post ReplyReply Direct Link To This Post Posted: 13/January/2018 at 08:13
Ok so get a letter to his solicitor, I'd suggest that is one you could write yourself to save the expense of paying your solicitor to do it... Follow it up with a second letter 14 days later. These letters will cost him money.... Might motivate him...

to answer your question - nope the courts cant force him to sign... BUT the magistrate can write an order that eliminates the need for his signature.... You will then have a bloody good case for a cost order against him...

Now I'm assuming the court orders stipulate that a licenced evaluator do the assessment - that is because they will be honest and accurate - a real estate agent is more likely to inflate the value in order to get you to sign on with them...

Plan B - ask a real estate agent to come out... Explain the situation. Apologise for their in-convenience... I've had some experience with real estate agents recently, I was kinda impressed... The guy who helped me with a valuation when there was no expectation of a sale for him was very pleasant... He left me half a dozen business cards and I told him that I'd be recommending him to anyone who I hear is planning on selling... I guess real estate agents do a lot of 'unpaid' leg work, just because it is good PR?

IF that works, you can get back to ex with the valuation... AT least that way IF it goes to court, you can say you've done more than you needed to get the guy to sign and clearly he is the problem

Helpingafriend View Drop Down
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  Quote Helpingafriend Quote  Post ReplyReply Direct Link To This Post Posted: 13/January/2018 at 09:29
What do the orders say? That he has to do everything required to transfer his right and title in the property to you? Do they say anything about a defaulting party?

Emca is right - the court can't force him to sign but they can appoint someone to sign in place of him. That is how I got a passport for my child when ex said they would sign the application but didn't - Registrar of the court signed in place of the defaulting parent

rannii View Drop Down
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Joined: 25/May/2013
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  Quote rannii Quote  Post ReplyReply Direct Link To This Post Posted: 13/January/2018 at 21:42
Frankly, the valuation is none of his business. I am assuming it’s the banks valaution to enable you to get the mortgage?

In that instance, you cannot appoint your own valuable.

An “enforcement order” would be what you file. And as previously stated, it might not force him to sign it,   As he refuses (make sure you take the paperwork on the day), then the court can eleviate the signature.

I’m in Qld, the only paperwork the idiot needed to sign I believe was the mortgage discharge papers. I provided a copy of the consent orders, and paperwork to the land titles office with a nominal charge to change rego.   I think I may have had to deal with the bank first though. . . I may have received confirmation of my loan whilst in the land title office.

Yel that makes sense, cause the bank needed to discharge the old mortgage & I needed the proof that they weren’t holding a caveat over the joint holding.

Write a letter, highlight the order and advise he has 14 days to attend to it, or you will seek costs. (I believe my solicitor threatened to charge him with interest, re-valuation fees, and other costs associated with having to reapply for a new loan as the accpetion prior of the approved loan was going to lapse).

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