Charging Order? The myth

weimimamma

And so it begins just had call from our estate agents saying our buyers solicitors advising them not to proceed until our restrictions paid I have emailed her the actual email I have from the land registry confirming in black and white this is not the case as that they will be over reached

My solicitor is holding firm on they don't need paying off and has offered to send the nrcesssry notices rather than them doing it.

They are telling our buyers they won't even get virgin services and that the creditors will come after them for he money !!!

eggbox

Hi weimimamma

Sorry its not better news and it does, unfortunately, highlight the incompetence (and downright ignorance) of so called "professionals" taking money for legal services in this field?

But its good your Solicitor is standing firm and you might want to consider getting them to lean on the opposing Solicitors for issuing false information, to their client, regarding being chased by your creditors (which is a blatant lie.)

So make sure you get some sort of confirmation from the buyers this is definitely what has been said as, if your sale does fall through, you may be able to make a claim against the Solicitor who issued the false information. Its certainly worth a call to the SRA if they don't retract it.

weimimamma

Not sure if offering for our solicitor to hold onto hubbys ewuity until they get clear title through may be an option? Not enough equity to payoff all debts tho from his share

My solicitor not been in touch yet which is strange so perhaps he is negotiating

eggbox

Withholding payment until registration is complete has been done on this thread (by Brightonian)

But stand your ground and use the Land Registry to back up what you are stating to the buyer.

weimimamma

Ok will do thanks will keep posted

weimimamma

Estate agents advised it is the senior solicitors conveyancing assistant that is adamant she is correct and they need to be paid off before exchange and completion. The estate agent has sent the email I have from land registry and also the practice guide 19 that they sent me but nope she knows best. The estate agent has requested the senior conveyancer looks over the file. My solicitor is out of the office today so looks like a long sleepless night ahead to see what happening.

The first time buyer is still keen to go ahead but obviously this woman has scared him to death .....

Rileybaby

Can I ask will the restrictions need to be paid first even if they were not a condition of the mortgage offer?

weimimamma

Egg box.

Can you tell me where about in the thread the brightonian info is I can't seem to find it

eggbox

Look around posts #942

weimimamma

Sorry to be a pain eggbox got a date I'm in my mobile st work and can't search for ref numbers only page or date may help. Sorry !