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My solicitor has not repaid charges on my old house
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Not all the debts were secured on the house
If not secured on the house then they would not affect the registration of of your buyer as proprietor of the property.but the divorce agreement was that all debts should be paid before the residue was divided up.
Can we be clear who the solicitors were acting for? Did you and your ex each have solicitors dealing with your divorce? Was it one of those firms that dealt with the sale or somebody completely independent?
If you had difficulty getting the statement out of them, it suggests to me that may be it was the firm that acted for your ex. Were the debts clearly set out and detailed in a court order of which you have a copy or was it simply an agreement between solicitors? Did the solicitor have something clearly in writing setting out details of the debts to be paid? Did you have a solicitor checking things on your behalf?RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Richard, my sister posted this thread on my behalf. The divorce and property sale, although in joint names, was handled by my solicitor exclusively at my insistence. Three debts and mortgage were registered at Land Registry and other non-registered debts were to be settled from proceeds of sale and before division of balance of proceeds from sale. Solicitor was provided with a full list of those debts. Sale was completed in December 2004 and it has taken me from then till last Saturday morning with threats of the Law Society to get a brief Statement of Account from solicitor which indicated that no debts had been settled from the sale. Furthermore I today obtained a copy of the registration from the Land Registry which shows that nothing has changed since 2001 - the mortgage interest not removed and neither are the new owners registered. I have been told today by Land Registry that I am in breach of the law!!! May we talk privately on this?0
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So you are saying that the new owners haven't been registered since 2004!
Lucky they haven't moved or at wanted to change mortgages since then. Both of which would have required them to access their deeds!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 -
That is correct - nothing has been changed since 1996!!0
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Sorry that should be 2001!!0
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Have you obtained a current version of your credit report? If the charges remain unpaid, then they should be on there too.
It seems odd, however, that if you have not kept up repayments on these debts that the lenders have not taken further action.
Get your credit report and see what's on there!Warning ..... I'm a peri-menopausal axe-wielding maniac
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I obtained my credit report two years ago and has been unchanged since 2002 and it was that fact that alerted me to the non-settlement and as a result I investigated further. I should add I now subscribe for a monthly update on the Credit Report0
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