My partner has a secnd charge on his ex's house which we have just found out she has sold. The agreement states that he will get the % when the house is sold. Will this happen automatically from her solicitor or will he have to get a solicitor to contact hers?

My partner has a secnd charge on his ex's house which we have just found
out she has sold. The agreement states that he will get the % when the
house is sold. Will this happen automatically from her solicitor or
will he have to get a solicitor to contact hers?


You need to make sure that the charge really is registered. Assuming it is
the sale cannot proceed until arrangements are made to have the money paid.
It would be wise to inform the solicitor dealing with the sale.

Peter Crosland

Peter Crosland posted
My partner has a secnd charge on his ex's house which we have just found
out she has sold. The agreement states that he will get the % when the
house is sold. Will this happen automatically from her solicitor or
will he have to get a solicitor to contact hers?


You need to make sure that the charge really is registered.

And the way he does that is by looking at the entry for the property in
the Land Registry. He can get it online by going to the LR site and
paying a fiver. It should contain a list of all the charges on the
property.

Assuming it is
the sale cannot proceed until arrangements are made to have the money paid.

What *should* happen (assuming the OP's charge is on the register) is
that the vendor (or her solicitor) should first contact the OP to agree
how the sale proceeds are to be shared, and to get the OP's signature on
a TR1. If he doesn't then the purchaser (or his solicitor) will
certainly not complete without a signed TR1.

It would be wise to inform the solicitor dealing with the sale.

It doesn't sound as though it'll be easy for him to find out.

--
Les

On Sun, 05 Oct 2008 20:05:04 +0100, Peter Crosland wrote:

My partner has a secnd charge on his ex's house which we have just
found out she has sold. The agreement states that he will get the %
when the house is sold. Will this happen automatically from her
solicitor or will he have to get a solicitor to contact hers?


You need to make sure that the charge really is registered. Assuming it
is the sale cannot proceed until arrangements are made to have the money
paid. It would be wise to inform the solicitor dealing with the sale.

I'm just going through a house transfer on divorce with a similar
situation - the actual restriction states 'No disposition by a sole
proprietor [...] is to be registered unless by an order of the court'.

You can check if the charge is registered by getting a copy of the 'title
register' from the land registry (£3 for a PDF download from http://
www.landregisteronline.gov.uk/). You can get the title plan as well for
another £3 (Hmm.) showing the property outlines.

I've certainly been told (by her solicitors) that I have to fill in Land
Registry forms (form RX3 or RX4) to cancel the restrictions before the
sale can be completed or the Land registry will raise a fuss.

My partner has a secnd charge on his ex's house which we have just
found out she has sold. The agreement states that he will get the %
when the house is sold. Will this happen automatically from her
solicitor or will he have to get a solicitor to contact hers?


You need to make sure that the charge really is registered. Assuming it
is the sale cannot proceed until arrangements are made to have the money
paid. It would be wise to inform the solicitor dealing with the sale.

I'm just going through a house transfer on divorce with a similar
situation - the actual restriction states 'No disposition by a sole
proprietor [...] is to be registered unless by an order of the court'.

You can check if the charge is registered by getting a copy of the 'title
register' from the land registry (£3 for a PDF download from http://
www.landregisteronline.gov.uk/). You can get the title plan as well for
another £3 (Hmm.) showing the property outlines.

I've certainly been told (by her solicitors) that I have to fill in Land
Registry forms (form RX3 or RX4) to cancel the restrictions before the
sale can be completed or the Land registry will raise a fuss.

That is fine always provided that the charge has been correctly registered
and that someone has not, for example, made an informal arrangement which is
unknown.

Peter Crosland

On Mon, 06 Oct 2008 22:05:05 +0100, Peter Crosland wrote:

That is fine always provided that the charge has been correctly
registered and that someone has not, for example, made an informal
arrangement which is unknown.


True, but the point of the previous post (snipped because your quoting
failed and it would be confusing) is to check for official registered
charges.

It said "You need to make sure that the charge really is registered.
Assuming it is the sale cannot proceed until arrangements are made to
have the money paid. It would be wise to inform the solicitor dealing
with the sale."

An informal charge is just that - both parties have to agree that it
exists and agree to be bound by it or it just disappears. In a divorce
situation that's pretty unlikely to happen, I would guess.