Landlord put charge on my property

[Diana M]

Re: Landlord put charge on my property

the big question is... can i carry on and sell the house without him knowing, at what stage would he find out its sold? does a solicitor have to inform them before the sell??

The short answer is you can't complete on the sale of the property without your solicitor paying off anyone who has a charge on it. That's what charges are for (to secure money owed).

If you make him a low offer and he get's wind of a sale he may not feel inspired to accept your offer because he'll know he can get the full amount when the sale completes. If there's a shortfall following the sale he can pursue you for that two.

Don't shoot me I'm only the messenger

Mind you I've not seen any paperwork which establishes how/why he has a charge on the property in the first place, and whether the charge registered at Land Registry is valid.

Di

[Exeterbay]

Re: Landlord put charge on my property

Hi di,
Thanks for the reply, if there's a shortfall after then doesn't it become unsecured? What would make the charge invalid at the LR?
I can let you see paperwork if you like ref charge, I would really really appreciate any help as this is like a ball and chain around my neck!
You tell me what you require and I'll get it for you.
Many thanks

[Exeterbay]

Re: Landlord put charge on my property

Hi Di,
How would i find out if th charge is valid or not? sorry to be a pain!

[Diana M]

Re: Landlord put charge on my property

I think your starting point should be to discover whether the ex Landlord has the right to charge all that interest which has been added.

Di

[Exeterbay]

Re: Landlord put charge on my property

Ok. And would that all be in the solicitors docs or is there a limit they can charge?

[cymruambyth]

Re: Landlord put charge on my property

It should be stated in the document giving details of the voluntary charge and its terms.

[Exeterbay]

Re: Landlord put charge on my property

wow what a mess! this is going back to 2008 when it was arranged so im struggling to remember properly. i have lots of paperwork but i cant see anything official from the court but the solicitors leters state interest at 7.5% and my solicitior agreed to it!
There is so much unfounded rubbish in this and lies from the landlord i cant believe i 'gave in' back then! i have a letter which is obviously fabricated with wrong dates that i cant believe my solicitor rolled over and played dead!! she was a part time brief and i dont feel i had her full attention especially when he had a full time brief and lots of money to spend!!! i really feel that this shouldnt be happening to me. i would really appreciate some of your time to maybe see if i can fight all this? im 10 years older now 10 years wiser. im sure i can prove landlord lied i just need some help,,,

[Diana M]

Re: Landlord put charge on my property

Did your solicitor ill advise you or are you now having second thoughts on an agreement which you willingly entered into?

If your solicitors messed up that would be a different angle. If you instructed them to make/agree to your offer you need to see the paperwork.

You need the file from your solicitors. If you paid their bill then they can't refuse to release the file to you.

Di

[Exeterbay]

Re: Landlord put charge on my property

I do feel that my Solictior rolled over and played dead, i did enter into the agreement so that it didnt go to court, 'to make it go away' The landlord lied to get back at me, he even sent me a fabricated letter to try and stitch me up because he knew he was wrong, this letter was typed the day after he realised he was wrong but he had the wrong dates on because the computer auto corrected to the day it was tyed dates!! my solicitor took the letter showed it to the landords brief and he said 'that wont stand up it proves nothing' to which my solicitor said ok!! ihave the letter if you want to see it and give your opinion?

[Exeterbay]

Re: Landlord put charge on my property

Hi di
At what stage does a solicitor have to inform the charge holder about the sale of a property? Can it be left tilt he end so it's in effect too late to get money?
Thanks

[wales01man]

Re: Landlord put charge on my property

Exeterbay
Would defeat object of a LEGAL charge and Get Solicitor in trouble I would think

[Diana M]

Re: Landlord put charge on my property

At what stage does a solicitor have to inform the charge holder about the sale of a property? Can it be left tilt he end so it's in effect too late to get money?

The seller's solicitor (i.e. yours) is expected to give the purchaser's solicitor an undertaking that on completion the property will be sold free of all charges. If he breaks that undertaking he (your solicitor) would have to pay up.

If he deliberately (rather than accidentally/negligently) didn't pay the charge holder then I would expect him to be struck off by the SRA following any complaint.

The buyer's lender wouldn't release the mortgage funds until they are satisfied that the property would have no charge on it on completion. I would expect a cash buyer to be even more cautious.

A charge is on a property not a person. That property is security for money owed. The legal issue would be if it's not satisfied on completion so remains on the property would the charge holder be able to successfully apply for an Order for a Sale of the property (owned by the new buyer) to force payment.

If the property is in negative equity with enough funds to redeem the first charge but not the second charge then a new problem occurs.

You can of course legally do your own DIY conveyancing, but good luck in finding a buyer willing to enter into any sale transaction on that basis.

Di