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  • Pay the mortgage or else!

    Pay the mortgage or else!

    A word of warning to those thinking that it is OK to ignore the terms of a Consent Order.

    Mr and Mrs Pocock were divorced in 2011 and a Consent Order was made recording their settlement.

    The Consent Order included an agreement that Mr Pocock would redeem the mortgage on the family home by a given date and pay the mortgage in the meantime, including interest and capital repayments.

    Mr Pocock failed to redeem the mortgage and only made interest payments. Also, on five occasions, payment was not made at all. This led to Mrs Pocock applying to the Court a number of times. Each time, Mr Pocock cleared the arrears just before the hearing.

    Mr Pocock requested that the mortgage be changed to a repayment mortgage. The Judge agreed to this. However, the Judge made an Order that Mr Pocock be sent to prison for 14 days. The sentence was suspended for 6 months and only applied if he did not pay the mortgage. Mrs Pocock could also take the matter back to Court after this time if Mr Pocock did not continue to pay.


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    Julie McDonald Family Law is the trading name of JM Family Law Limited. JM Family Law Limited is a limited company registered in England and Wales [registered number 12606147].
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