Charge on inherited property

Jes67

Thanks for the info.
My solicitor managed to find details of the charge showing the amount and the mortgage agreement which was forwarded to the crown. I told them that I do not have any bank statements or paperwork dating back to 1973, and they have now replied asking for a pdf of proof of payments on the charge amount before they will consider proceeding any further! Bank statements are only available for 7 years so there is no way I can trace any payments 48 years ago!

rose_T

I think it’s absolutely terrible that they can hold on to a charge this long, it’s understandable if there is money owed and the creditors are chasing but when it come to 20-30 years of no payments being made and no one chasing then there should be a simpler way of removing the charge. 

Obviously our situation can’t be the first there must be many more and I refuse to believe if they can’t get the information then the property just sits there for ever more. 

My sellers are in the exact same predicament as yourself but for some reason their solicitor is saying that after 40yrs the charge falls off. If this is the case for them it should fall off in 2023 and won’t show up in searches etc. Again this is Scotland so not sure if different down south, but when I hear your story and a mortgage taken out 10yrs before still showing up am not sure he is giving the right information on that. 

I know you are going through the crown but can you apply to the court to see if a judge can make a decision to discharge? If Halifax come back next week and refuse the new option of my solicitor holding on to the full 10k amount that the charge is for and also a title indemnity policy then I will see if they will apply to the court. After that I am out of ideas on how I can purchase the house, we have waited 15mths in total from confirmation to this point. 

MovingForwards

Not an ideal situation or solution but if you can't get proof and they've not got proof, weigh up how much the charge is, how much money you'll get from the sale, and pay the charge off.