Legal Charge Not Being Released For A Sale.

chrissa1 | 18:58 Tue 30th Aug 2011 | Civil

47 Answers

A man who has a legal charge on a property I have successfully sold via the Assisted Voluntary Scheme with my mortgage lender, has refused to release the charge, thus ending the sale. He says he is owed £20K by my late husband, (long story) but it has been explained to him that I am in Negative Equity anyway and therefore he will not get a penny.

He is just being bloody minded and spiteful. Is there anything that I can do? I've sent him an email appealing to his better nature.

Force sale of a property (ex gf)

Force Sale Order - associated questions

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sherrardk

Hi Chrissa - I am not advising you to do this, just saying it's an option. The bankruptcy people were really kind (even though I kept crying - but I was eight months pregnant with twins). You almost feel like they should be a bit nasty with you for getting yourself in a financial mess. We aren't able to get credit and rent our house privately (no credit checks). However, through my husband's hard work he now has his own business (which is ticking over) and things are starting to look up (three and a half years later). Good luck, xxx

DTCwordfan

I know that this will not be of much comfort, chrissa, but you would qualify to be near the very top of my list to assist if the EuroLottery was to come in. And there's not many I would take onto my list.

However, what trigger is suggesting makes a lot of sense - have a look at the ideas there in the cold of morning...not tonight, as the emotions build up.

themas

1. It is possible for a Court to order a sale - thus overriding the person's refusal to agree to one. Talk to your solicitor & see whether he/she thinks it worth trying for.

2. From your figures it seems that even if this sale goes ahead you will end up with a lot of debt. If you have no realistic means of ever paying it off bankruptcy could well be worth considering. If you did decide on that, you don't really need to bother about the house. It will go into your bankruptcy estate. The mortgage lender will repossess it & sell it, & any shortfall will be a bankruptcy debt which you won't have to pay. The £20K guy will get nothing & - as his debt is against your late husband & not you - he can do nothing to chase you for it. However, if there is the slightest doubt about whether he could argue that you were also liable for it, you should include it as a debt in your bankruptcy - just to be on the safe side.

chrissa1

Question Author

DT, that's the nicest thing anyone has ever said to me. Thank You!!

Themas, I thought there might be a legal way out but that would be for the mortgage company to decide I think. There is no way that my husband's debt had anything to do with me but your point is noted.

Thank you.

chrissa1

Question Author

Oh DT, you Will tell me if you win won't you?

DTCwordfan

If I win we will work something out through the Ed - but the odds aren't exactly with us......

chrissa1

Question Author

LOL!!

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