Charging Order? The myth

weimimamma

Just had email they are standing firm and despite email from
Land registry are saying we have to clear he restrictions and pay them or they will not proceed and will advise the mortgage lender if that so looks like that is it here is not diffident funds to make this viable for us to proceed and I'm not risking the solicitor writing to them fetching them out the woodwork and on top that could take weeks to sort and negotiate

eggbox

Well that's not the same info as the email and you can let the buyers know their Solicitor has cost them the sale, needlessly, through there ignorance?

You may be able to work something out with the buyers and explain they if they are able to find a solicitor who understands restrictions and doesn't have the same concerns as this one (like yours does) then the sale can still proceed?

I know it's disappointing but don't give up hope you just need to keep trying.

weimimamma

Trouble is you get to the point where you can't keep throwing money at these things so frustrating and highlights the fact that as I said before you can engage the best solicitor but if the other solicitors are clueless morons your on a hiding to nothing. Thanks for all your julep and support it's appreciated

Next avenue may be for me to look st purchasing it so in my name only Don't know how to about that or if I can and the cheapest option

casper19812

hi ive been reading this thread and have a question im currently in the process of selling my home but my solicitor got back to me saying there was a restriction(interim charging order on the land registry) do i need to pay this or will it be removed when the house is payed for?? any help would be appreciated kind regards:j:j

eggbox

This thread explains that there is no legal obligation to settle the Charging Order behind the Restriction when you make a sale of your property. This is as long as you are still a joint owner selling for value (money) to a third party.

When this happens the Restriction becomes overreached and is, therefore, removed. There is no legal requirement, therefore, to settle any debt before the house can be sold.

That is the easy part. The hard part is getting the Solicitors involved to understand this?

casper19812

unfortunately we have come to relise our solicitors is a complete numbtard so i highly doubt tht will be the case but i will try to make him listen tomorrow as this is now holding up the sale theres no way i can pay the amount and number we have never received any paper work to tell us how to repay the debt which has somehow acrrud 2k in interest

weimimamma

Good luck Casper my sale is about to fall through because of a solicitor despite an email in black and white from land registry stating this is not the case. Perhaps try and get said email eggbox helped me with the wording very kindly just a suggestion but I feel your pain this numpty cost us 100k !

casper19812

so spoke to solicitor hes not playing ball hes gone for a second opinion but as stated hes a complete numnuts if eggbox can help with the email id give tht a shot but this lunatic solicitors is all for me declaring myself bankcrupt just so he gets his cut any help would be gratefully appreciated.

weimimamma

The land registry come back quite quickly but no guarantee even with said letter in black and white they will take this

We are still waiting for the final plug pulled email we feel stuck with a house we can't sell which is ironic as the people who get these orders are effectively going no where really just stop us going anywhere too !

BigMak

Hi all,

Great thread and as we are selling very retentive to me.

However does anyone know of any solicitors that actually deal with this?I have called to no fewer than 7 solicitors and while a couple knew of this none have been willing to proceed. All have quoted that the buyers solicitors would refuse to complete even with a letter of undertaking from them and something from LLR. All have said just make the creditors an offer .

So not sure how to proceed as the "loophole" is there and some know about it but none seem to want to proceed with it.
Either they cant be bothered or its to much work or they are nervous....but cant believe that so far none are willing to take us on based on this and all say just pay and be done with it.

If anyone can suggest on here or through a PM who they have used or suggest I would really appreciate it.

Many thanks.