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buying when seller is in negative equity

is it a done thing to suggest the seller overpays their mortgage by a few grand so the sale can happen?

chances are my offer could be about 3 grand less than the equity they have in it.

or is there another way to go about it? obviously excluding me paying higher :)

Comments

  • Hippychick
    Hippychick Posts: 738 Forumite
    If they sell for less than they owe the seller will have to pay the shortfall to their solicitor before you complete anyway.

    It is worth verifying that they can afford to do this before you fork out on surveys etc.


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  • lethal0r
    lethal0r Posts: 408 Forumite
    oh is that how its done, thanks. much simpler than paying some off the mortgage first!
  • silvercar
    silvercar Posts: 50,038 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Not only will they need to clear the mortgage, they will have to pay any mortgage redemption fees, solicitors fees and estate agents fees.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Sadly there are people out there who don't realise that they have to pay off the mortgage etc, or don't realise how much they owe, and go gaily into a sale, which then cannot proceed, but this is only found out after the buyer has spent money on legal fees, mortgage application fees etc.

    So OP is quite wise to get the point checked before h=going any further.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • sarah_elton
    sarah_elton Posts: 2,017 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    lethal0r wrote: »
    oh is that how its done, thanks. much simpler than paying some off the mortgage first!

    Yep - I sold in NE, so when I transferred my solicitor the money for their bill a few days before redemption, I also had to transfer the NE amount for them to redeem the mortgage.

    On completion day, their solicitor will get sale money from you, combine it with the extra from them, and use it to redeem the mortgage.

    Definitely worth checking they either have the means to pay it off, or have agreed with their lender that they can convert the debt to an unsecured loan, otherwise they could pull out of the sale when they realise.
  • lethal0r
    lethal0r Posts: 408 Forumite
    is my solicitor the one who checks they can proceed? is it possible to get recompense if the seller unwittingly cannot proceed?

    thanks for all the replies.
  • sarah_elton
    sarah_elton Posts: 2,017 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Unfortunately, to my knowledge all you can do is ask the seller/EA outright, and take their word on the answer.

    I don't think there will be any way to claim recompense - sellers can pull out for no reason at all right up to exchange of contracts. :(
  • poppysarah
    poppysarah Posts: 11,522 Forumite
    And buyers are not responsible for paying off the negative equity debts of sellers.
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