UK Property Law
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It does notrestrict the sale, it restricts the purchase. Solicitor will not allow a clientto proceed with the sale unless there is an undertaking from the sellingsolicitor to remove the notice.
If anyone does nothave a mortgage and wants to pay cash, they can do so and then deal with thegrief of removing the notice themselves but, why should they bother?
You are thereforestuck with removing the notice before you can get anyone to proceed with theirpurchase.
The solicitor hasdealt with this perfectly correctly.
Your solicitor canundertake to pay the money to whoever has the benefit of the notice, from thesale proceeds.
They are notentitled to interest unless the court has ordered interest. They are notentitled to interest in most cases after the date of any court order unless theorder specifically say so.
I would write backto them giving them the principal sum and telling them that if they insist oninterest, they will have to refer the matter back to court.
Tell them that ifthey refuse to remove the notice meanwhile, you will be asking for court costsfrom them because it will be used that is taking them to court and not themtaking you.
Of course, once youhave paid the principal sum, you can ask the land registry to remove the noticeon the basis that the claimant is no longer has any interest in the property. Becausethe claimant knows the properties of the sale, they are trying to twist yourarm by holding it up.
You can pay theinterest "under duress", let the matter complete, and then issue small claimscourt proceedings www.moneyclaim.gov.ukfor return of the interest on the basis that you paid under commercial pressureand duress / mistake and let the court decide whether they are entitled tointerest or not. That is probably what I would do because it gets the salecompleted without delay. I would tell them exactly what you are going to do.Your solicitor can deal with this for you.
I'm sorry, I appreciate that thisis probably not the answer you wanted but there is no point in me misleadingyou.
Doesthat answer the question? Can I help further? Can I answer any specific points?
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thank you, XXXXX XXXXX didn't really understand the below bits,
Tell them that ifthey refuse to remove the notice meanwhile, you will be asking for court costsfrom them because it will be used that is taking them to court and not themtaking you. -
what do you mean by used to taking them to court?
and how do you suggest me paying the principal sum prior to sale?
Youdon't actually need to pay the principal sum prior to sale, your solicitor gives an undertakingto the buyers solicitor to remove the notice immediately after completion, or,within 21 days or so.
Thatwill be sufficient for the buyers solicitor.
Onceyou have paid the money, whoever has put the notice on, can be compelled toremove it. And that is why I said that if they refuse to remove it, they willnot be taking you to court for money but you will be taking them to court toremove the notice.
Iassume that the house you are selling is the house on which the claimant allegesthat there is money owing to them.
Thereis another point with regard to interest and that is that they are not entitledto the interest because the delay is of their own making because, yoursolicitor could have given an undertaking to pay the money on completion,regardless of the notice. Solicitors undertaking is binding and if they do notcomply with the undertaking, it is a severe disciplinary matter.
Thanks. Yes the claimant does have a legitimate 'stake' in the property however its the amount which I contest.
In relation to what u said about the undertaking by my solicitors, is the agreement which was initially made in accepting a certain amount?
Glad to help. Post up again if you think of anything else.
Yup still here.
I would still tell them to get lost. They only get their fees if ordered by the court.
Ask them to show you the court order that confirms that THESE fees are due.
Tell them that failing that, if they refuse to remove the UN, you will betaking their client to court and will be seeking costs against their client.
Play hard ball!
Unless the court order specifically says they get fees after court date, then they don't.
You have several options.
Remember that these are the other persons liability to the solicitor, not yours. You may be liable to the other person but costs is between their solicitor and them.
When the principle sum is paid, apply to Land Reg to remove the notice on basis that claimant no longer has any interest.
Alternatively, pay the costs to the claimant under duress and sue in small claims court to get them back. Tell the solicitor that if they insist that is what you will do.
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