Debt against house/mortgage

JMcc123

Absolutely no update today, vendors solicitor is still not responding to my solicitor or EA, and now the vendor is not responding 🤦‍♀️😔

NameUnavailable

Usually any charge against the property would be settled on completion. It sounds like your vendor 'forgot' about it and now can't afford to settle the charge from what they're left with.

Tiglet2

Is the charge noted on the title?  If so, why didn't your solicitor spot it?

JMcc123

From what I believe, the charge isn't on anything they had recieved, they did their final security checks last week (exchange and completion agreed for Friday 18th) and thats when it came to light. My solicitor has said the vendor should've declared it and vendors solicitor should've done checks prior to it getting so late on in the process.

EA has has an update first thing, nothing major, vendors solicitor are chasing the lender, but no timescales can be given 

JMcc123

NameUnavailable said:

Usually any charge against the property would be settled on completion. It sounds like your vendor 'forgot' about it and now can't afford to settle the charge from what they're left with.

The house is being sold for the exact same she bought it for 15 years ago, so I really hope that makes this impossible, unless she's committed to paying other debts with it.
Just seems like something that is impossible to 'forget 

JMcc123

Another small update, my solicitor has forwarded me the email chain of them chasing, with very few acknowledgements from the vendors solicitor.
The application is with HM Land Registry, debter is waiting for it to be passed on, my solicitor has questioned if its a charging order it would be in the best interest of the debtor to remove the application and settle payment, thats the last email.

None of it makes much sense to me! But solicitor has advised to action the back up plan as there is no actual update or timescale 🤦‍♀️

rose_T

Hi, 

I hope you have got this sorted?  The same thing has happened to me, the old mortgage has never been discharged when the last payment was made and now it’s an executor sale. 

We were due to complete Friday paid deposit etc and now this has come to light

JMcc123

rose_T said:

Hi, 

I hope you have got this sorted?  The same thing has happened to me, the old mortgage has never been discharged when the last payment was made and now it’s an executor sale. 

We were due to complete Friday paid deposit etc and now this has come to light

Hi, sorry!

My seller is now sorted, but despite being in the beat financial situation of my life I'm now struggling to get a mortgage offer, which I believe is due to not showing on the electoral role at present.

If you're situation hasn't changed, my advice would be to make sure your broker keeps extending your offer.  Mine have changed and its causing no end of trouble