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Equitable Charge
Equitable Charge
Posted
Thu, 07 Aug 2025 12:18:48 GMT
by
David Adey
I'm hoping someone can help point me in the right direction. I've been coming to a dead end with every attempt for 5 years.<br> When my now ex wife and I separated 5 years ago we applied to remortgage to pay some equity and have her name removed from the mortgage (at considerable cost for solicitors). We received notification that there was an equitable charge against the property predating our purchase of the house.<br> Looking back at our sales contract, our solicitors had raised the issue and a reply given that the charge would be paid and cleared on sale. Both our solicitor and the sellers solicitors are no longer in business so couldn't address the issue with them. I contacted the land registry for details who confirmed the amount and who had raised the charge.<br> Finally I found the correct department and contacted them to tell them that the charge on the property was not mine but they said until it was paid they could not remove the charge.<br> Next I tried to find the seller (finally found his details and was able to contact him) He assumed that it had been paid and said that the charge was against himself and 2 other directors of a company he had had at the time and that he has no contact with them. He offered to pay a third of the charge to the company who made the charge but this was rejected. He has since retired, moved and I have not had any contact for almost 2 years. I have been to a number of solicitors for advice, all whom have confessed to not being able to help.<br> I have no idea what to do. Thankfully my ex wife and I are still friends, the divorce was amicable but 5 years after separating, her name is still on the mortgage and she has still not had and funds that we had agreed on.<br> Somebody please help.....<br> <br> Dave
Posted
Fri, 08 Aug 2025 09:47:21 GMT
by
Adam Hookway
David - sorry to read of the issues you are facing and whilst this is a public forum it's very rare to get anyone other than ourselves responding <br> The support team will respond to your identical enquiry with guidance as to how to apply to cancel the entry and update the register but it's legal advice you need here as the charge needs to be cleared/dismissed as you already appreciate<br> As the charge was issued by the court one option is to go back to the court with supporting evidence (that's where your legal re comes in) to show that the debt has for example been repaid <br> Or you contact the named creditor direct<br> Unfortunately it seems as if the debt still exists as they rejected his offer so your legal rep needs to consider the best course of action with regards how to approach the debt/creditor<br> If you are looking for wider advice then I would suggest you try online forums such as Money Saving Expert where the subject is discussed at length and others may be able to offer some ideas/guidance on how best to approach it 
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