Court order for old documents

[seroj]

Hi,
can court order for documents, like mortgage application dating to 2003 which not possible to find?

[nemesis45]

Re: Court order for old documents

Hi,
can court order for documents, like mortgage application dating to 2003 which not possible to find?

A mortgage provider should be able to produce documents from 2003 along with all other documents relating
to the mortgage.
No reason why a judge cannot order them to be disclosed.

nem

[seroj]

Re: Court order for old documents

Thanks, but court has asked me to provide, and 30th of October is the final day, but I do not have those information with me any more.
seroj

[nemesis45]

Re: Court order for old documents

Thanks, but court has asked me to provide, and 30th of October is the final day, but I do not have those information with me any more.
seroj

You will have to explain to the court that the documents are not in your possession. It's is likely that
the mortgage provider could produce copies but a Subject Access Request under the provisions of the
Data Protection Act 1998 would be needed, this though has a 40 day timescale.

May I ask why the judge wants an application form from 2003?
nem

[seroj]

Re: Court order for old documents

My brothers wife has filled divorce and she is after money which my brother hasn't got it. They were married on 2000. In 1996 I bought a house in his name so he could look after my parents and disable sister in that house. Though he was the legal owner of the house but I paid for it.
being my asset, I remortgage that in 2003 using his name again. Wife's solicitor not having much to fight with they try to dig everything. They know the remortgage has taken place in 2003 but not sure what they want to gain by having all the paperwork which non of us hold any more. Tomorrow is the final day to hand over the papers which we still do not have it.

[Celestine]

Re: Court order for old documents

Hmmmm...be careful.

By putting the property in your brothers name, you could be at risk of that property being deemed his asset. Why did you do it this way?

There was a High Court case a few years ago when a husband put his family home entirely in his wife's name for tax purposes. After he did this, he decided to start sleeping with the children nanny....
When wife found out, she divorced him and got the entire house because he had chosen to put it in her name.

http://www.familylawweek.co.uk/site.aspx?i=ed137

[nemesis45]

Re: Court order for old documents

My brothers wife has filled divorce and she is after money which my brother hasn't got it. They were married on 2000. In 1996 I bought a house in his name so he could look after my parents and disable sister in that house. Though he was the legal owner of the house but I paid for it.
being my asset, I remortgage that in 2003 using his name again. Wife's solicitor not having much to fight with they try to dig everything. They know the remortgage has taken place in 2003 but not sure what they want to gain by having all the paperwork which non of us hold any more. Tomorrow is the final day to hand over the papers which we still do not have it.

You need to contact the court asap stating you are unable to locate the documents required, suggest that you will make a SAR to attempt to obtain the documents.
You don't want the judge finding you in contempt.

I guess the solicitor is looking for "disposable " assets. Who now resides in the property?

nem

[wales01man]

Re: Court order for old documents

The remortgage is in yours or your brothers name if its still Mortgaged it would show on the record,

taking a quick glance of the first post this could look dodgy without some more info maybe that's why the Judge is asking for paperwork

[seroj]

Re: Court order for old documents

You need to contact the court asap stating you are unable to locate the documents required, suggest that you will make a SAR to attempt to obtain the documents.
You don't want the judge finding you in contempt.

I guess the solicitor is looking for "disposable " assets. Who now resides in the property?

nem

My mom and sister, since 1996

[judgemental24]

Re: Court order for old documents

Not having a clue on a mortgage application as never been able to afford the deposit

How can you take out a mortgage secured on a property and registered with the land registry in your name, then transfer those deeds which the mortgage company hold into anothers name?

That seems to me to be a bit of a scam in trying to dispose of the property for financial gain at the expense of the mortgage company

That is the way i see it anyway and i am making no accusations, just an educated opinion

[nemesis45]

Re: Court order for old documents

My mom and sister, since 1996

Seroj
Who pays the mortgage?

nem

[seroj]

Re: Court order for old documents

Seroj
Who pays the mortgage?

nem

Thanks from all. Finally after 12 hours of search I managed to find requested documents.
i do agree with those who might think it's dodgy as they have not got the full picture, but I am 60 years old, I worked hard from age of 14 and I had the right to buy anything with anybody,s name not knowing a monster would come to live with us and try to capitalise from my generosity.

[nemesis45]

Re: Court order for old documents

Thanks from all. Finally after 12 hours of search I managed to find requested documents.
i do agree with those who might think it's dodgy as they have not got the full picture, but I am 60 years old, I worked hard from age of 14 and I had the right to buy anything with anybody,s name not knowing a monster would come to live with us and try to capitalise from my generosity.

I'm pleased for you Seroj, personally I can't see anything " dodgy" let's hope this get cleared up quickly.

nem