Charge on family home

[tazmaina69]

Hi all

Looking for a little bit of advice on dealing with a charge on a former family home in my favour being settled.

My Ex now wishes that this be paid so they can take out a mortgage in their own name, and I am in all full agreement with the amount.

The problem is that her Solicitors & mortgage advisor are saying that I need to appoint Solicitors to act on my behalf at a cost of £250 +VAT.

I have read that there is no need to do this, and all I need to do is return the required documents to the land registry confirming that the charge has been settled in full to have it removed.

I am willing to appoint Solicitors to act on my behalf and have told her Solicitors in previous email that any costs involved in changing the mortgage will be passed on to their client.

I personally think that they won't agree the mortgage deal that my Ex has applied for without guarantees that I will remove the charge (which I have no intention not to do) but without this coming from a solicitor they will not accept the application.

Do I really need to appoint Solicitors? As this is a cost to myself for their benefit.

Many thanks.....

[atticus]

You should not need to instruct a solicitor.

You could ask your ex wife's solicitor to prepare the discharge form for you to sign. They could hold this against their undertaking not to use it until you have been paid in full.

[dslippy]

On whose behalf would the form be prepared? Yes, the OP gets the resulting benefit, but the action is that of the lender, who are free to choose who acts.

[tazmaina69]

Hi

Thanks for your reply, I put forward to my ex solicitor to prepare the paperwork needed for me to sign using the advice, but not heard anything back.
Hopefully this will be executable for both parties, will u date when hear back.

[atticus]

Wait until a week has passed since your letter, then send a reminder.

[tazmaina69]

Hi

So today have received an email from my ex solicitors basically saying again I need to appoint Solicitors to act on my behalf & the matter dealt by the 27th of March as their client mortgage off runs out.

I have been more than cooperative to resolve this and waiting for paperwork to sign and send back, even called the Solicitors today (left a message as was engaged) & then the person dealing with the mortgage to speed things up but again left a message.

They keep say "Strongly recommend I seek legal advice " which I have done over the phone and on here, otherwise they will take me to court to have the charge removed and seek costs.

This is now getting ridiculous as at no time have been in no ncomplaint in trying to remove the charge.

I am the creditor, the charge is payable to myself & have always said that it's down to my ex to send all relevant paperwork etc in changing the mortgage as this has absolutely nothing to do with me apart from signing a form confirming that once the funds are received then they can release the paperwork to land registry.

I think that it's actually quite threatening to keep saying that if don't do this don't do that will take me to court and seek for costs incurred.

Once again thanks for the advice

Carl

[atticus]

have you made a request as per my earlier suggestion? (post #2)

[tazmaina69]

Hi ATTICUS

I did make the request as per your advice about what you said, as this made sense.
They seem to completely brush over the idea and go straight into saying I need to appoint Solicitors again, with them saying if don't will take me to Court to have it removed and claim back costs.

Really can't see what the problem is, all I need to do is them to send me the paperwork from the land registry, I sign it then send it back under the confirmation that will hold it until charge is paid.