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Interim charging order by YBS for satisfied Egg debt delaying sale
blackcurrant
Posts: 5 Forumite
Hi,
Hope you can help.
I am I the middle if selling and the blocker is an interim charging order from 2007 from an egg debt. They applied for a final order with Reston’s solicitors this year (2019 ) but I was able to pay the debt in full in July and sent an RX3 form with the debt satisfaction letter to remove the full charging order. However,I wasn’t aware that I would need to also apply to remove the interim charging order too and the added complication is that Yorkshire Building society did the interim and seem to have sold the debt on to Cabot who have Reston solicitors acting on their behalf. I have since completed a CN1 form showing this is the same debt that Yorkshire initially put the interim order on. I have sent through my documents again showing the satisfied debt.
I was told by the land registry it takes 9 days which were up on Friday 20th. I called them and asked them to email men instead of sending post. ?They emailed on Friday afternoon saying they are expediting it and it will be a further 10 days. The buyer is keen to move in ASAP but won’t exchange until they have the interim charge removed from the land registry.
The land registry says it would have been quicker if my solicitor had done it.
What are my options to speed this up directly with the land registry and also to ensure that the Egg/Yorkshire building society, Cabot and Reston’s solicitors situation does not confuse things and further hold things up. I have submitted all docs including the notice of assignment of the date with the county court claim number but that was a transfer of the debt from Arrow Guernsey to Arrow Global.
2) The other solicitor asked for an undertaking from my solicitor which my solicitor are not keen on. I had suggested my solicitor hold on to the amount the debt is for (please note it’s fully paid) until the land registry cleared it from the file. Is it unreasonable to request this from my solicitor? How can I give them comfort as the buyer would be happy with doing it this way and we could complete at the end of next week. I’m not buying immeadiately so not having the money for a few weeks is fine.
Charge in question
3 (26.10.2018) Equitable charge created by an interim charging order of
the County Court at xxxxxxxxxx dated 25 July 2007 in favour of Yorkshire
Building Society.
NOTE 1: This charge, which takes effect against this title under the
provisions of section 58(4) of the Leasehold Reform, Housing and Urban
Development Act 1993, was formerly noted against title number xxxxxxxxxxx
(I extended the lease for another 99 years hence the new title number).
I’d really appreciate your advice.
Hope you can help.
I am I the middle if selling and the blocker is an interim charging order from 2007 from an egg debt. They applied for a final order with Reston’s solicitors this year (2019 ) but I was able to pay the debt in full in July and sent an RX3 form with the debt satisfaction letter to remove the full charging order. However,I wasn’t aware that I would need to also apply to remove the interim charging order too and the added complication is that Yorkshire Building society did the interim and seem to have sold the debt on to Cabot who have Reston solicitors acting on their behalf. I have since completed a CN1 form showing this is the same debt that Yorkshire initially put the interim order on. I have sent through my documents again showing the satisfied debt.
I was told by the land registry it takes 9 days which were up on Friday 20th. I called them and asked them to email men instead of sending post. ?They emailed on Friday afternoon saying they are expediting it and it will be a further 10 days. The buyer is keen to move in ASAP but won’t exchange until they have the interim charge removed from the land registry.
The land registry says it would have been quicker if my solicitor had done it.
What are my options to speed this up directly with the land registry and also to ensure that the Egg/Yorkshire building society, Cabot and Reston’s solicitors situation does not confuse things and further hold things up. I have submitted all docs including the notice of assignment of the date with the county court claim number but that was a transfer of the debt from Arrow Guernsey to Arrow Global.
2) The other solicitor asked for an undertaking from my solicitor which my solicitor are not keen on. I had suggested my solicitor hold on to the amount the debt is for (please note it’s fully paid) until the land registry cleared it from the file. Is it unreasonable to request this from my solicitor? How can I give them comfort as the buyer would be happy with doing it this way and we could complete at the end of next week. I’m not buying immeadiately so not having the money for a few weeks is fine.
Charge in question
3 (26.10.2018) Equitable charge created by an interim charging order of
the County Court at xxxxxxxxxx dated 25 July 2007 in favour of Yorkshire
Building Society.
NOTE 1: This charge, which takes effect against this title under the
provisions of section 58(4) of the Leasehold Reform, Housing and Urban
Development Act 1993, was formerly noted against title number xxxxxxxxxxx
(I extended the lease for another 99 years hence the new title number).
I’d really appreciate your advice.
0
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