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My elderly parents are trying to sell their house and have so far had two sales fall through due to the issue below.
30 years ago there was a charge placed on my dads and his business partners properties by a high street bank, this charge was subsequently bought by another company. The partners house was subsequently sold and the proceeds of that would have cleared the charge, it was the highest placed charge on his property.
Since then the company that bought the charge went bankrupt (20 years ago approx) and the sole director has been deceased over 10 years.
Through solicitors my parents have tried having the charge removed from the land registry but do not have any proof of it being settled apart from it should have been as the other property was sold. The charge now belongs to the duchy and they have contacted their solicitors who have informed them that they will not enforce the charge but at the same time will not remove the charge or accept any settlement for the charge. One solicitor provided them with an indemnity in case the charge was ever pursued but even their very keen buyer could not get a solicitor to accept this.
Does have anyone have any advice or any recommendation for solicitors who may specialise in a case like this? It seems their only option is to try and get the charge removed but the duchy's solicitors won't move. As I stated earlier they are elderly and the stress is getting them as well as being in a house they can't manage anymore.
Thanks in advance and apologies for the long windedness
30 years ago there was a charge placed on my dads and his business partners properties by a high street bank, this charge was subsequently bought by another company. The partners house was subsequently sold and the proceeds of that would have cleared the charge, it was the highest placed charge on his property.
Since then the company that bought the charge went bankrupt (20 years ago approx) and the sole director has been deceased over 10 years.
Through solicitors my parents have tried having the charge removed from the land registry but do not have any proof of it being settled apart from it should have been as the other property was sold. The charge now belongs to the duchy and they have contacted their solicitors who have informed them that they will not enforce the charge but at the same time will not remove the charge or accept any settlement for the charge. One solicitor provided them with an indemnity in case the charge was ever pursued but even their very keen buyer could not get a solicitor to accept this.
Does have anyone have any advice or any recommendation for solicitors who may specialise in a case like this? It seems their only option is to try and get the charge removed but the duchy's solicitors won't move. As I stated earlier they are elderly and the stress is getting them as well as being in a house they can't manage anymore.
Thanks in advance and apologies for the long windedness
