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charge order ! help
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pilavas
Posts: 68 Forumite


Hello All,
Hope everyone is well,
Completed on my sale on 10th of March and almost instantly made an offer on a new property while renting.
Had survey and mortgage approved within one week which was pretty fast. things began to slow down when solicitors got involved.
Now we are at the exchange completion stage but have a charge order which needs to be clarified. The owner says it's £2000
But when we are asking for an undertaking the sellers solicitor is saying why we need this information his exact words are:
"Why would you need more information? Undertaking to pay sums due to remove the charging order will be provided on completion."
It's been a nightmare trying to get this charge order sorted before we exchange. the estate agent is saying that what the solicitor is saying in the email is good enough but my solicitor kept saying that they need an undertaking to ensure this debt is paid in full.
We should have exchanged 2 weeks ago but the solicitor is very being very difficult.
My question is if the charge order is not paid upon completion and we don't have an undertaking in place can i use the email trail from the seller's solicitor as proof ?
The thing i am more worried about is if the charge order is more than £2000 and whether I will be liable for the debt If it's never paid.
Thanks in advance.
Hope everyone is well,
Completed on my sale on 10th of March and almost instantly made an offer on a new property while renting.
Had survey and mortgage approved within one week which was pretty fast. things began to slow down when solicitors got involved.
Now we are at the exchange completion stage but have a charge order which needs to be clarified. The owner says it's £2000
But when we are asking for an undertaking the sellers solicitor is saying why we need this information his exact words are:
"Why would you need more information? Undertaking to pay sums due to remove the charging order will be provided on completion."
It's been a nightmare trying to get this charge order sorted before we exchange. the estate agent is saying that what the solicitor is saying in the email is good enough but my solicitor kept saying that they need an undertaking to ensure this debt is paid in full.
We should have exchanged 2 weeks ago but the solicitor is very being very difficult.
My question is if the charge order is not paid upon completion and we don't have an undertaking in place can i use the email trail from the seller's solicitor as proof ?
The thing i am more worried about is if the charge order is more than £2000 and whether I will be liable for the debt If it's never paid.
Thanks in advance.
0
Comments
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Provided the seller's solicitor undertakes to pay off the charge on completion, it doesn't matter if it is 2k or 200k.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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I would say the word the solicitor is looking for is "indemnity" undertaking is not worth anything.
I would make it very clear the charge must either be paid first or covered by an indemnity insurance paid by the seller.
Either way, words and bits of worthless paper are not good enough when a charge allows the holder to make you pay what is secured charge on the holding.I do Contracts, all day every day.0 -
Ignore what the estate agent is saying.
Your solicitor has said that an undertaking to pay this debt is required. Their solicitor has said that an undertaking will be provided. That will do.
An undertaking by a solicitor is a legally enforceable agreement, as in if a solicitor undertakes that a debt will be paid, and it isn't, then they have to pay it.0 -
Your solicitors are correct. A formal undertaking is required.
The email doesnt agree to anything.0 -
Marktheshark wrote: »I would say the word the solicitor is looking for is "indemnity" undertaking is not worth anything.
I would make it very clear the charge must either be paid first or covered by an indemnity insurance paid by the seller.
Either way, words and bits of worthless paper are not good enough when a charge allows the holder to make you pay what is secured charge on the holding.
Que?
I can assure you that a solicitors undertaking is something very real and serious, and a fundamental part of the conveyancing system.
You have no idea of what you are on about.0 -
Annoying the seller's solicitor is only agreeing through the form of emails.
My solicitor is trying very hard to get an official undertaking which is proving very difficult.
Now we are considering relying on what is said in the email trail, Can't believe someone can be so stubborn I know as the sellers legal rep I am not able to speak with him but may give it a try tomorrow. I want t exchange and get this over with and i'm sure the seller wants that too.
I don't want to get a nasty surprise a few months down the line that I am now responsible for the charge order.0 -
Annoying the seller's solicitor is only agreeing through the form of emails.
My solicitor is trying very hard to get an official undertaking which is proving very difficult.
Now we are considering relying on what is said in the email trail, Can't believe someone can be so stubborn I know as the sellers legal rep I am not able to speak with him but may give it a try tomorrow. I want t exchange and get this over with and i'm sure the seller wants that too.
I don't want to get a nasty surprise a few months down the line that I am now responsible for the charge order.
He will need confirmation from the vendor before providing an undertaking. You ringing him won't make any difference and he isn't allowed to discuss it with you.0 -
Not sure I understand the problem - the seller's solicitor has said they'll provide an undertaking at completion. You're not at completion yet, so what is it you're looking for?0
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I think my solicitor is being to over cautious.
My main fear is I get lumbered with the charge order since she said If they fail to pay it, it then becomes my debt which will be bad.
Also since the seller's solicitor took a long time to respond to our queries we are weary that he may not agree to show evidence that the charge order has been paid or not ad refusing a conditional excchange.0
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