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Hi Has anyone opposed an order of sale and possession order? My ex, who jointly owns the property that me and our 2 kids live in was made bankrupt in Oct 2011 now that a year has passed his trustee is looking to force a sale. I tried to negotiate to buy his beneficial interst but the trustee wants £40k I offered £16 as I have paid the mortgage and joint securred loan on my own since Jan 2010. I will also be left with the securred loan of £36K. A loan the was taken out to clear some of his debts - he benefitted £30k and I benefitted £6k out of the loan. I have proposed to his trustee that as section 283a of the act doesnt apply - we never married and our property was not his sole or principle residence on the date of his bankruptcy and cos the property does not vest back to him after the three years in fact there is no time limit in which the BT has to deal with the property- me and the kids stay in our hime until our youngest son (14) finishes his education. She has refused this proposal though she has said if I could find prev cases where this has happened she will reconsider. We will use this defence if we have to go to court. Any ideas? Thanks
How do I. Received correspondence from Optima Legal acting for Oakwood finance on the mortgage my wife had on her house. They obtained judgement in March this year for £17k, £11 of which were charges and interest after they forceably auctioned her house well below its market value. The judge ignored my requests to reduce the costs and stop adding to the interest. Now they are asking for a charge on our jointly owned property and have submitted an application for a charging order at court in October. I remember reading here ages ago that its possible to object as I was not on the original debt. How do I do it. Plus bearing in mind the FSA ruling on charges does this apply in my wife's case please.