I am writing to make you aware of a situation me and my wife find ourselves in. We live on an estate that has recently been taken over by the management company FirstPort after Persimmon handed it over earlier this year. At this point the Persimmon directors for the Estate resigned leaving the Estate with no-one to represent it since February. We have recently sold our house to Taylor Whimpey as we are moving, they subsequently sold it on before we have moved out. The new buyers however are unable to get a mortgage on our house due to a clause in our contract that we signed when we bought the house that means that Persimmon and FirstPort can repossess the house if we don't pay the maintenance fee each year. This is a clause that has been since removed on all new builds as it means that the mortgage company can't repossess the house if the person defaults on the mortgage.
The position we find ourselves in is we need a Deed of Variation signed to remove this clause by a director for the Estate from FirstPort. Persimmon have already signed it as have we. Despite various attempts to find out if there is someone else that can sign this Deed in the absence of a director we have been told this is not possible at all. We have also been told there is noone lined up for this position and no-one interested on the Estate meaning this will not be resolved for many months.
This now means that we will probably loose the sale on our house and loose our new house. I just do not see how a company cannot have other directors or similar who can deal with issues such as this. There are many other people selling thier homes on the estate and it may well be that they will find this an issue too. I have asked to raise a complaint with FirstPort but they have not responded to my request.
7 months ago
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