UK Property Law
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Thanks for your enquiry, and hope that I can assist you, as my colleague is not presently available.
If you are unable to comply with the 56 day deadline, your ex is not entitled to void the Order.
As it is a Court Order, all that your ex could do is to go back to Court to enforce the Order or claim interest on the late payment, if the Order makes such a provision for interest to be paid on late payment.
Provided you are indeed only going to take 61 days to complete the Transfer and the Solicitors acting for your ex are aware of this, you have very little to worry about. Transfers of equity do sometimes take longer than the 56 days to complete and your ex's Solicitor will not be advising that the matter be taken back to Court if the only delay is 5 days or so.
All you therefore need to be aware of is the possible interest you may have to pay under the Consent Order.
Having said this, of course you should try and make sure that the Transfer is completed just as soon as you can, but as long as your ex/ the Solicitor is kept informed.
I hope this answers your question, and if so, I would be grateful if you could leave positive feedback.
Thanks for your reply.
If there is no clause stipulating that interest will be payable for late payment, then you won't even have to pay interest.
You therefore have absolutely nothing to worry about, and no additional penalties.
For the sake of a few days, us Solicitors are often late in completing Transfers similar to yours and the fact that the Court delayed matters makes it even more understandable and acceptable that you have gone over the 56 day period.
I hope this assists, and don't worry!
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