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?




-- 
Roz

> 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

On Sun, 05 Oct 2008 20:05:04 퍝, 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

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 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.