Property legal charge

Bigdog

When I purchased my new build home in 1990, the builders paid my deposit which was repayable to the builders after two years. They put a charge on the property. There were many defects that were never resolved and I refused to pay back the deposit until the defects were rectified. The builders were taken over and I was chased for the money in 1993. The builders have been taken over three times in total and are now owned by Persimmon. The mortgage is paid but the charge still remains on the property in the name of the original house builder (Admiral Homes LTD). Is this charge enforceable and how do I get it taken off the deeds?

G_M

Bigdog wrote: »

When I purchased my new build home in 1990, the builders paid my deposit which was repayable to the builders after two years. They put a charge on the property. There were many defects that were never resolved and I refused to pay back the deposit until the defects were rectified. The builders were taken over and I was chased for the money in 1993. The builders have been taken over three times in total and are now owned by Persimmon. The mortgage is paid but the charge still remains on the property in the name of the original house builder (Admiral Homes LTD). Is this charge enforceable and how do I get it taken off the deeds?

Did you ever pay off he debt?

If yes, contact Persimmon, explain (in case they don't realise) that they have taken over from Admiral, prove the debt was repaid, and ask them to remove the Charge.

If no, pay the debt.

konark

Were the defects ever rectified?

Is the charge for a specific sum? This will be quite a small amount now

Bigdog

The debt wasn't repaid and the defects were never sorted.

G_M

Bigdog wrote: »

...... builders paid my deposit which was repayable to the builders after two years. They put a charge on the property. .......

the charge still remains on the property ...

Is this charge enforceable and how do I get it taken off the deeds?

The debt wasn't repaid

Well that's a tricky one. I can't think of any solution (scratches head in confusion).

davidmcn

Bigdog wrote: »

The debt wasn't repaid and the defects were never sorted.

Then sounds like you'll need to repay the debt to remove the charge. Too late to do anything about the defects now, assuming you didn't go to court at the time.

Looks like Admiral Homes Ltd is owned by Taylor Wimpey.

AnotherJoe

One possibility is that all this has been lost in the mists of time and the moves through multiple takeovers.
So send a letter to TW stating that many years ago Admiral Homes had a charge on the property which was never released after several takeovers, and please could they do this now.

TW may have no records of the original reasons, because if they did you'd think they would be chasing for their money.

davidmcn

AnotherJoe wrote: »

TW may have no records of the original reasons, because if they did you'd think they would be chasing for their money.

These things tend to work on the basis that they don't need to chase for their money - they just collect it when you sell. Don't know whether the OP still has details of what the agreement actually was.

AnotherJoe

davidmcn wrote: »

These things tend to work on the basis that they don't need to chase for their money - they just collect it when you sell. Don't know whether the OP still has details of what the agreement actually was.

I agree that's the likely chance, but its possible that over multiple takeovers records went astray so there's no harm the OP chancing his luck. If they do know and do want their money back, he's either going to have to restart the dispute or pay up, but if he wants to move he's got to resolve it one way or the other.

Of course the OP will have put the money aside in a high interest bearing account so paying it off isn't financially wont be an issue. And inflation will (at a guess) have halved it since then so he's winning anyway, indeed with interest and inflation it will have essentially paid itself off.

Thrugelmir

Bigdog wrote: »

Is this charge enforceable and how do I get it taken off the deeds?

What does the contract you signed say? Are there terms and conditions relating to the non repayment of the deposit, i.e. penalty clauses. From a legal perspective this is what matters. As there's no time limit.