NSW Ex partner has not signed mortgage discharge forms despite signing BFA... what happens next?

[itr_70y]

Hi All,

My ex partner has signed the BFA but has failed to sign the mortgage discharge and the BFA states my ex would have to sign all documents before the settlement date.
The settlement is in 5 days and the discharge forms have been pending for almost 4 weeks.
What happens if my ex does not sign before the mortgage discharge before the settlement date? And how would the BFA be enforced if it was breached it?

This has been quite a stressful 2 years for me and i really just want to move on, unfortunately my solicitor is on leave.

Has anyone experienced a similar situation?

 

[lostinspace]

There should be something in there allowing an officer to sign if she refuses. But this may be part of the problem with no filing documents with the court.

If there is nothing saying she has to or that the bank can go ahead with say her solicitors signature, then you are left with the court.

Wait till solicitor back, and just get a letter to the other side so you know what the issue is.