How to remove Charges against property

Padstow

Divorced April 2011 Made tenants in common and I was awarded a fixed sum from equity, the remainder due to ex.

He declared himself bankrupt in July 2012. Bank took me to court for repossession under 56 day order, Then had offer on house accepted.


He has a second and third charge on his now, non existent equity. Due to having to accept 150k less, there is no equity for the IP to pay those charges.

My conveyancing solicitor has no idea how to remove his charges.

The completion was first due in December but is still stalling due to the sol not knowing what to do.

My buyer's mortgage offer expires in under two weeks, and if they have to reapply, will take weeks, during which time the bank is likely to repossess.

That's not the only problem as I'm surviving on pension credit while the debts on this large house are forever mounting, all to be paid from my share of the equity.

Does anyone know how to remove the ex's charges, so the house may be sold?

antrobus

I'm rather baffled by the statement "My conveyancing solicitor has no idea how to remove his charges", and inclined to think that the answer would therefore be to find another solicitor who knows what they're doing.

In general terms, a charge is placed on a property to secure a debt, and the way to get the charge removed is to repay that debt. Quite often it's the case, that selling the property is necessary in order to repay the debt, and so the purchaser will hand over the agreed sale price in return for a promise from the vendor's solicitor that they will use the money to repay the debt.

Padstow

That is a fact that they don''t know how to remove them. As you rightly say, they are normally paid off but under these circumstances there's nothing to pay them with and house cannot be sold with them.
Looked at changing solicitor, was told "at this late stage, would be like reinventing the wheel."

Let_Us_See

I agree with the advice already given:

• Change solicitor
• Only way to remove charges is to repay loan

However, were you aware of the 2nd and 3rd charges? As joint title holder it should have been impossible for husband to obtain secured loans without your knowledge or permission. If this is so, then you may be able to challenge the legality of the process.

Padstow

Let_Us_See wrote: »

I agree with the advice already given:

• Change solicitor
• Only way to remove charges is to repay loan

However, were you aware of the 2nd and 3rd charges? As joint title holder it should have been impossible for husband to obtain secured loans without your knowledge or permission. If this is so, then you may be able to challenge the legality of the process.

I have spoken to many today including the exe's IP, I have no worries as to my share. Thank God, as I set him up in business. I just want the house sold.

The Con sol's only solution to lift charge was to pay. I proved that wrong in 60 mins search and phone today. I was aware as charge against property but nothing to do with me as sent copies and advised against opposing it. Remember TIC and I have second charge as per court order. Mortgage then me.

Far more interesting. Today sick of getting nowhere with large law fim, they said 2 chargee's had refused to lift charges on completion, I decided to deal with it myself.

There is one chargee. Big divorce bill by ex passed to another solicitor for collection counted as two by dozy con sol!

I spoke to con sol this am who informed me that the chargee would not cooperate and fill the form to lift charge as they wanted their full whack.

I took it upon myself to phone the said sol/debt chaser although con sol said no way would they speak with me.

They spoke to me alright. In fact the first contact to the chargee from con sol I was informed was this morning! What a coincidence?

This has all been going on since October 3rd and my buyers from 150 miles away have enrolled their children in the village school. They are camping with relatives and driving the children 80 mile round trip each day.

This has to be one of the worst conveyances ever.

I will compose my email to my con sol no doubt at 2 or 3 this morning. I rarely sleep due to the stress.

Thrugelmir

Why a fall of £150k in value?

Let_Us_See

I hope you do not mind but I found your latest post a little rambling and confusing, possibly due to the result of the stress you are under.

However, could you simply confirm were you aware of, and agreeable to your ex's loan(s) and subsequent charge(s) on your joint property?

Thrugelmir

antrobus wrote: »

I'm rather baffled by the statement "My conveyancing solicitor has no idea how to remove his charges", and inclined to think that the answer would therefore be to find another solicitor who knows what they're doing.

In general terms, a charge is placed on a property to secure a debt, and the way to get the charge removed is to repay that debt. Quite often it's the case, that selling the property is necessary in order to repay the debt, and so the purchaser will hand over the agreed sale price in return for a promise from the vendor's solicitor that they will use the money to repay the debt.

There's insufficent equity to release the charges. Nothing the conveyancing solicitor can do. Up to the party concerned to resolve the matter.

Padstow

Let_Us_See wrote: »

I hope you do not mind but I found your latest post a little rambling and confusing, possibly due to the result of the stress you are under.

However, could you simply confirm you were aware of, and agreeable to your ex's loan(s) and subsequent charge(s) on your joint property?

I don't mind at all. You are right, I'm tired all day but cannot sleep at night. Repossession weighs heavy.

I'll sort it tomorrow.

ValHaller

Thread continues as https://forums.moneysavingexpert.com/discussion/4501243

thelma61

I split from my partner 7yrs ago and I have paid the mortgage ever since. I am now in position to put the mortgage in my name only, but have been told with a charge against the house, I would not be able to remortgage with this against it. My ex partner took out an unsecured loan with Northern Rock without my knowledge, when we were together. He lost his job and the first I knew about the loan was when the charge came through. We had already split up by the time the charge came for £10,000. Could I contest it because I wasn't aware of it. Also, I have read that Northern Rock are having to compensate people who took out loans in the time that he did, due to incorrect information given to them but does this just involve people who took out the 'Together mortgage' which then allowed them to take out a loan? Our mortgage was with a different bank and we had no accounts with Northern Rock.
Would the bank that took over NR even be aware of the charge as there has been no contact from them ever. I would appreciate any advice...thank-you