Basic Account Holder
Cagger since : Dec 2009
Posts : 43 (0.02 post per day)
Voluntary surrender after 28 day order granted
Hi all, hopefully this is in the right forum, if not then I'd appreciate if it was moved!
Back in July of last year I attended court for a possession hearing on my property that I jointly owned with my now ex wife. A 28 day order was granted, and I was served by post. As my ex didn't appear she had to be served personally. She evaded service so the house has still not been repossessed. It has been vacant since I moved out in July last year. I called up a few weeks ago and used my key to get in. Pipes have burst etc and it's in a bit of a state so when it comes to selling I'd imagine it will have quite a shortfall.
The solicitors dealing with the possession have contacted me and said my ex got in touch and has offered to voluntarilly surrender the property. They have since sent me a form to complete and sign for voluntary surrender also.
If I moved out because of a possession order being served on me would a voluntary surrender even be valid? I left because of the court order...
The form is asking me to sign to accept I'm liable for costs and any shortfall etc. I'm obviously not happy to sign that, but I have my bankruptcy hearing tomorrow so it would probably be included in my bankruptcy anyway.
Does anyone have any advice on whether I should sign the voluntary surrender form, or just let them repossess as normal?
Edit: This is in Northern Ireland, if that makes a difference.