It does not
restrict the sale, it restricts the purchase. Solicitor will not allow a client
to proceed with the sale unless there is an undertaking from the selling
solicitor to remove the notice.
If anyone does not
have a mortgage and wants to pay cash, they can do so and then deal with the
grief of removing the notice themselves but, why should they bother?
You are therefore
stuck with removing the notice before you can get anyone to proceed with their
The solicitor has
dealt with this perfectly correctly.
Your solicitor can
undertake to pay the money to whoever has the benefit of the notice, from the
They are not
entitled to interest unless the court has ordered interest. They are not
entitled to interest in most cases after the date of any court order unless the
order specifically say so.
I would write back
to them giving them the principal sum and telling them that if they insist on
interest, they will have to refer the matter back to court.
Tell them that if
they refuse to remove the notice meanwhile, you will be asking for court costs
from them because it will be used that is taking them to court and not them
Of course, once you
have paid the principal sum, you can ask the land registry to remove the notice
on the basis that the claimant is no longer has any interest in the property. Because
the claimant knows the properties of the sale, they are trying to twist your
arm by holding it up.
You can pay the
interest "under duress", let the matter complete, and then issue small claims
court proceedings www.moneyclaim.gov.uk
for return of the interest on the basis that you paid under commercial pressure
and duress / mistake and let the court decide whether they are entitled to
interest or not. That is probably what I would do because it gets the sale
completed without delay. I would tell them exactly what you are going to do.
Your solicitor can deal with this for you.
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is probably not the answer you wanted but there is no point in me misleading
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