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Posted Mon, 14 Oct 2024 11:07:51 GMT by Salih Salih
I am in the process of selling my property in order to pay off the mortgage, to a property buying company.

They have assigned solicitors to act on my behalf, the solicitor assigned to me did not act on the equitable charge on the deed and the sale is now blocked because Land Registry requires a court judgement to have the charge removed. 

I applied to county court to have the charge removed but the hearing was adjourned for 28 days (because the owner of the equitable charge was not served, despite no longer being in existence).

However, the judge did suggest that the sale should be allowed to proceed if payment is made to the court to cover the charge. 

My question is, will the land registry allow the sale of the property if I can show that the charge has been paid and is there a specific process for this? 
Posted Mon, 14 Oct 2024 11:13:51 GMT by Adam Hookway
Salih Salih - it's not a Q of whether we will allow the sale or not to happen as that is a Q for the conveyancers/lender involved and not us.
Your conveyancer should be able to advise whether the court will order that the charge is discharged/dismissed once you have paid the court the monies for example. If the court will do that then their order dismissing the charge should enable us to cancel the charge as applied for.
So very much a Q for your conveyancer/the court and they can also advise on what the process is for dealing with the court

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