Moorcroft

parkroad

My husband had a mortgage shortfall with Halifax they put a restriction on my home now this was 15 years ago I have seen that Halifax can no longer take me to court for the amount as it’s passed the 12 years , Moorcroft obtained this debt and I’m trying to get the restriction removed so I can sell my home but they are saying they want the money can they do this ? I’m getting worried this is going to stop me selling my home as I can not afford the amount they say they want 

parkroad

Any help would be appreciated 

[Deleted User]

If you want to sell your home, you will need to settle the charges on it.

You can still be taken to court for it, as they have a charging order. It's not statute barred.

parkroad

The restriction only lasts 12 years and mortgage shortfalls are also 12 years so surely it is there best interest to except an offer rather than receive nothing as I won’t sell to allow them to get that amount they are requesting I just want to know my best course of action 

RelievedSheff

If there is a charge on your property it is there until you sell the property and settle the debt. It won't go away.

If you want to sell your house then your only course of action is to settle the debt with the proceeds from the sale or get them to agree to transfer the charge to your next property but they may not be willing to do that.