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Charging Order? The myth

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Comments

  • hi all,

    has anyone found any solicitor yet who deals with form K restriction type charges when it comes to selling the house?

    it would be great if any one has found a reliable solicitor who is happy to deal with such cases. so far I have found none who know well.

    A big hug and salute to eggbox and landrep to keep this thread going on.
    Thanks
  • eggbox
    eggbox Posts: 1,829 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    We did have someone, last year, who purported to be a Solicitor involved in these matters and was willing to help. He certainly understood about overreaching so I believe he was genuine.

    However, having passed on three posters details who urgently requested help, two didn't reply to the person concerned and the third explained he was persevering with his original Solicitor (who up to that point wasn't willing to help?)

    The person concerned hasn't retuned any of my messages since (and I can't blame him) so anyone with any info on this area please let us know?
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    chkymonky wrote: »
    hi all,

    has anyone found any solicitor yet who deals with form K restriction type charges when it comes to selling the house?

    it would be great if any one has found a reliable solicitor who is happy to deal with such cases. so far I have found none who know well.

    A big hug and salute to eggbox and landrep to keep this thread going on.
    Thanks

    I am not sure how difficult it is, but I believe anyone can do their own conveyancing… whether a solicitor needs to be involved at some stage, I'm not sure… TB
  • eggbox
    eggbox Posts: 1,829 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    DAKOTA45 wrote: »
    I am not sure how difficult it is, but I believe anyone can do their own conveyancing… whether a solicitor needs to be involved at some stage, I'm not sure… TB



    Unfortunately, that is only half the solution as the stumbling block tends to be the buyers Solicitor not understanding overreaching and insisting the Restriction is removed beforehand.
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    Something here on Land Registry…

    Conveyancing: solicitor or DIY? - Land Registry Blog https://shar.es/1hT4kk
  • eggbox
    eggbox Posts: 1,829 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If the transaction involves a mortgage, it’s almost certain that the lender will insist that a solicitor is used for the conveyancing.

    Another stumbling block, sadly.
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    eggbox wrote: »
    Unfortunately, that is only half the solution as the stumbling block tends to be the buyers Solicitor not understanding overreaching and insisting the Restriction is removed beforehand.

    Yes… if only they would just do some research… they all have their heads in the sand and leave it to their, often incompetent, solicitors..

    TB.
  • eggbox
    eggbox Posts: 1,829 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Have you heard anything on your court application yet, Dakota?
  • DAKOTA45
    DAKOTA45 Posts: 592 Forumite
    eggbox wrote: »
    Have you heard anything on your court application yet, Dakota?

    Still waiting to hear… it's been about 8 weeks now… no acknowledgement, nothing. I don't know how they get away with treating people like this… I know they'd be straight back if I was so much as a day late in filing something… Just appalling.:mad:

    I will let you know when I hear anything. D45
  • J20BABY
    J20BABY Posts: 2,025 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Advice would be very much appreciated.

    My ex died last year and we were Joint Tennants for a property that he lived in but I did not. The mortgage and the Land Registry documents have now been put sole in my name. I have started selling the house however it has come to light that there is a restriction on the Land Registry documents for Capquest Ltd for over £2.5k in exes name. My solicitor has said that she will attempt to have it removed due to the death but if I could inform her of any specific points of law or mentions on the Land Registry website then I think it would help. I would be very grateful if someone could please point me in the right direction.
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