Affordable housing remortgaging deed of postponement

blackfire

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Hi, I have been trying to get the house I bought my ex husband in 2009 under my name since our divorce. It’s a house we purchased through the affordable housing scheme, The only way to do this is to get a new mortgage on my sole name, as the bank won’t release him. My mortgage is currently with EBS and we are dealing with cork county council.
With the housing bill 2021, the county council can waive the clawback. I have got this exemption, however the council is adamant the bank should sign a deed of postponement (which basically confirm that the council will come 2nd charge in the event I don’t repay the mortgage and the house is repossessed by the bank. The bank will get first charge. All this has already been agreed between the two parties); but the bank is refusing to sign the deed of postponement. This is the only document pending to close the transaction.
i’m just wondering if someone has been in the same situation as me and how did you get this resolved. I actually have no more ideas at this stage. I have been in the house 15 years, always paid the mortgage. This is really frustrating.
 
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