Thats right Gordan. This was a performing loan for many years so the sale of the property would leave me with some money left over after the debt is clear. A clawback of some of the money lost from the non sale along with interest charged on the now non performing loan would make all the difference to me.
Brendan- it was indeed April 2015 that we went sale agreed, my mistake.
Thanks for the replies. I was hoping there may be an alternative to the legal route but it does appear to be my only option.