Removing Charge on my house

bel2310

I would appreciate some help from all you experts out there. At the time of my divorce my house was transferred into my name but my ex retained a charge on it until I paid him a final balance. I am now in a position to pay this money. My question is can he just contact the land registry direct to remove the charge or do we have to use solicitors (and incur more costs!).

Many thanks

Debt_Free_Chick

In theory, once you pay the debt, you should be able to remove the charge yourselves. However, I think this would need your ex's signature.

Probably far better protection (from future disputes) all round if you involve a solicitor.

lilyann1

Is the property mortgaged to a bank or Bsociety??
They may be able to help and use in house solicitors to remove the charge?
Worth asking

Bossyboots

You can download a form called DS1 from the land registry website. Your OH needs to fill it in and send it to the land registry who will then remove the charge. You do not have to use solicitors for this.

regularsaver1

I would say you do not need to for this

but do you have a mortgage?

may be worth getting some legal advice to be sure

Bossyboots

It doesn't affect a mortgage as the charge is being removed. The only real issue is whether you trust each other to do the necessary. You don't want to hand over the money and not have the form signed and lodged and equally, he won't want to sign the form without receiving the money.

regularsaver1

but what if the lender proginally did not agree to rewmove the other person from the covenants - therefore OP might have to contact lender ??? maybe

bel2310

Thanks everyone for your input. Have checked, no problem with mortgage. As bossyboots says just a matter of trust really, hopefully we should be able to do it using form from the land registry. I'm thinking of using a trusted third person as a witness.

Bossyboots

That still doesn't affect the separate charge that the OP's ex would have attached to the property. Discharging that has no connection to the mortgage or the covenants. That will have been an issue dealt with at the finalisation of the divorce with an appropriate clause in the final order, depending on whether the mortgage company agreed or not.