Advice required on house move

[suityou01]

Serious help needed from the panel. I'll be brief.

I am in the process of trying to buy a 3 bed semi as number 3 is due in 3 weeks.
We have selected a house, scraped the deposit together (15% - ouch) and are good to go.

One snag. There is a charge on the property from a relative of the vendor who lives in British Columbia (Canada). They have told us they got them to post a DS1 form to the vendors solicitor. This has not arrived after two weeks. An email with a scanned image of the document was received, but this does not satisfy the solicitor.

They have now allegedly sent this document via courier. We wait.

In the mean time I have spat the dummy with the estate agent, and said that I am hacked off and ready to pull out of the sale as we have been dicked around for weeks and its doing my wifes health absolutely no good.

Today, the vendors solicitor has emailed a legal undertaking to withhold the charge money from the sale to give to the relative in BC.

The email I have been forwarded is full of typos and grammatical errors, which makes me nervous.

We undertake to redeem or discharge all mortgages and charges secured against the property and to sent to you Form DS1, the receipted charge or confirmation that notice of release or discharge in electronic form has been given to the Land Registry as soon as you receive the same.

Note errors highlighted should read "send" and "we"

What this means apparently is that I get to buy the house, with the charge still attached, and should the DS1 form arrive, the solicitor will remove the charge.

My head is in the bin on this one. I did think about another forum within CUK for this, but then thought I'd chuck it in here as someone will rip the piss and that might lift my mood. In the flurry of sarcastic posts that will ensue, one of them may just give me a new direction to take.

To the panel.

[bogeyman]

Serious help needed from the panel. I'll be brief.

I am in the process of trying to buy a 3 bed semi as number 3 is due in 3 weeks.
We have selected a house, scraped the deposit together (15% - ouch) and are good to go.

One snag. There is a charge on the property from a relative of the vendor who lives in British Columbia (Canada). They have told us they got them to post a DS1 form to the vendors solicitor. This has not arrived after two weeks. An email with a scanned image of the document was received, but this does not satisfy the solicitor.

They have now allegedly sent this document via courier. We wait.

In the mean time I have spat the dummy with the estate agent, and said that I am hacked off and ready to pull out of the sale as we have been dicked around for weeks and its doing my wifes health absolutely no good.

Today, the vendors solicitor has emailed a legal undertaking to withhold the charge money from the sale to give to the relative in BC.

The email I have been forwarded is full of typos and grammatical errors, which makes me nervous.



Note errors highlighted should read "send" and "we"

What this means apparently is that I get to buy the house, with the charge still attached, and should the DS1 form arrive, the solicitor will remove the charge.

My head is in the bin on this one. I did think about another forum within CUK for this, but then thought I'd chuck it in here as someone will rip the piss and that might lift my mood. In the flurry of sarcastic posts that will ensue, one of them may just give me a new direction to take.

To the panel.

Shouldn't your solicitor be dealing with this matter?

On no account proceed if the property is still subject to a registered charge.

[TykeMerc]

If there's a legal charge on the property and you take ownership without that charge being removed then they will continue to have that charge.

If the person holding the charge then plays silly buggers with you, you would be on "interesting" turf legally. It could be argued that since you completed with full knowledge of the charge that you accept that charge.

Speaking personally and I'm in very different circumstances to you I would wait for the charge to be removed before I completed.

The least that I would accept would be a legal statement made to a BC Judge that the charge isn't current and then sent from the Judge (do Notaries exist in Canada like they do in the USA?) to you and your solicitor, but I'd be very reluctant to do that......

[sasguru]

What Bogey said.
Anyway, what the feck are you doing buying a property now in the first place - you're not taken in by that "house prices are rising" bollux are ye?

Rent FFS.

Why are there so many plonkers on CUK?

[Turion]

The whole point of a charging order is that when the property is sold, an amount of the proceeds is given to the person who placed the order, and the order has then been deemed satisfied.

Charging orders are not transferred. Should not be your problem.

[ASB]

Shouldn't your solicitor be dealing with this matter?

On no account proceed if the property is still subject to a registered charge.

WHS +1 squared. In any event the chance of your mortgage company releasing the funds to you should be absolutely nil in these circumstances.

What does you solicitor say? If it's other than "you must be bloody bonkers to proceed" I would be surprised.

Unless of course you are just using one of the cheapo conveyancers who underwrite all their advice via their PI cover.

[oracleslave]

Anyway, what the flip are you doing buying a property now in the first place - you're not taken in by that "house prices are rising" bollux are ye?

Rent FFS.

Why are there so many plonkers on CUK?

Perhaps he doesnt envision himself at the age of 87 still sitting in his bedsit above the kebab shop in Swindon pondering what to do with his "millions"

[DimPrawn]

Pull out and buy another house. Christ there's millions of 3 bed semi's to choose from.

[DimPrawn]

Perhaps he doesnt envision himself at the age of 87 still sitting in his bedsit above the kebab shop in Swindon pondering what to do with his "millions"

You laugh, but it's bloody convenient when you fancy a kebab at 2.00 am.

[sasguru]

Perhaps he doesnt envision himself at the age of 87 still sitting in his bedsit above the kebab shop in Swindon pondering what to do with his "millions"

I'm not DimPrawn whatever you may think.