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TOPIC: Undertaking

Undertaking 3 weeks 2 days ago #95816

I recently accepted a undertaking having received no legal advice.

Please can someone help me understand the following statement.

Notice of the application and this order is to be served on the mortgagees the (santander) by the applicants solicitors who are to file a statement of service with the court. Liberty to the mortgages to apply is the court vary or set aside this order within 14 days or service.

Thanks

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Undertaking 3 weeks 2 days ago #95829

  • Mojo
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Sorry, without knowing the context of the undertaking, I can’t help you. Why are the mortgage providers involved, is this an occupation order?

If it’s to do with housing, you might be able to get advice from Shelter, they’re experienced with housing matters. Otherwise I would advise you to get some legal advice.

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DadTalk Moderator

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Undertaking 3 weeks 2 days ago #95833

Hi yes it is both a occupation order and a nmo.

I have spoken to a lawyer who pretty much said don't worry it's normal as she is living in the house and taking on the mortgage. However I am still not happy with the second sentence.

Liberty to the mortgages to apply is the court vary or set aside this order within 14 days or service.

It might be something and nothing but I don't like the sound of it.

Do you want the whole undertaking?

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Last Edit: by Daviddavid.

Undertaking 3 weeks 2 days ago #95834

  • Mojo
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Perhaps, if the mortgage provider doesn’t think she meets the financial criteria to take on the mortgage, they have been given the ability to have the order set aside... just guessing here though.

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DadTalk Moderator

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Undertaking 3 weeks 1 day ago #95837

  • Yoda
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My understanding is the same as Mojo's. It might be worth taking some specific legal advice on the matter if you can

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DAD.info Moderator

I have several years experience supporting parents in family proceedings as a McKenzie Friend. I am, however, not a lawyer or barrister and my responses are based on my own opinions or experiences of the family court.

Undertaking 2 weeks 5 days ago #95917

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You could try speaking to your mortgage provider. If the mortgage is in joint names, if she doesn’t pay you would still be liable. They should be able to give you clarification.

Best of luck

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DadTalk Moderator

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