Hello Debbie and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
So I am 100% straight with the facts, are you sure a Mortgage Company purchased the property from the previous owner? If it was a part exchange, I could understand a Develoepr purchasing the property but not a Mortgage Company.
Could you also clarify in whose favour the Charge is registered?
I look forward to hearing from you.
Thanks fo rclarifying matters.
On any Purchase, a Buyers Solicitor is under a duty to obtain an Undertaking from the Seller's Solicitor to confirm that any Charge registered against the property will be removed upon completion.
An Undertaking is a personal guarantee that this will be done, and if a Solicitor provides an Undertaking, he is in breach of his legal duty if he does not comply with it and furthermore, becomes personally liable to get the charge removed.
Therefore, your Mother's Solicitor was originally reliant on the Seller's Solicitor to comply with the Undertaking to discharge the Charge. Although they themselves have not therefore been negligent themselves, your Mother, as a client
is entitled to sue the Seller for breach of Contract, as the Contract will have provided that the property is sold free from any Charges. Likewise, her previous Solicitor can demand that the other Solicitor complies with his Undertaking ort he can report him to the Law Society.
You are best, ***** ***** speak to your Mother's previous Solicitor, find out exactly what the delay is, and explain that you intend to take matters further if the Charge is not removed forthwith.
I hope this helps and set sout the legal position.