legal charge

[michelle1111]

i am in the process of selling my flat however my ex partner who has a charge on the property is refusing to sign the discharge certificate confirming that he is entitled to half the sale proceeds. can i override this and if i lose the buyer as a result can he be held liable for the additional costs

[Eve]

If he has a charge over then if the amount he is entitled to is paid off then he should have to provide a discharge accordingly.

I'm sure the court would assist if he had what he was entitled to (is it backed up by a court order) and still refused to sign the discharge. The court may be able to intervene and get it signed.

If it's a private agreement then the terms of the agreement and charge need to be carefully checked by your solicitor.

Is your solicitor having issues with giving an undertaking to provide discharge documentation because of the issue causing problems with the sale?

Is there a separate document you are trying to get him to sign now before you sell or do you just mean the discharge document to be provided after the sale when he has been paid off?

Might also be worth having a word with the Land Registry to see if they can provide any further advice about what they might accept if he still refuses to sign.

[michelle1111]

The charge on the charges register entitles him to half the sale proceeds. I have asked my solicitors whether is is possible for the buyers solicitors to hold half of the sale proceeds indefinetely until he signs then he can be given it. My solicitors say that its unlikely that their mortgagors will agree for the sale to go through with the charge remaining.
The property is empty having previously evicted this partners sister from it in february following her refusal to pay rent from April 2007. It took me nearly a year to get her evicted and when i gained possession my ex partner was living there also.
I have spent an extortionate amount of money on this property and have stopped paying the mortgage as a result of the financial burden. I have just paid �500 for counsels advice do you think i could ask the court for all my costs to be deducted from his share?