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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 709
Experience:  Expert
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I would like some advice on how to successfully claim some

Customer Question

Hello. I would like some advice on how to successfully claim some money that is held on a legal charge. I was bought out by an ex partner and her new boyfriend. The split was amicable and because they could not afford to buy me out completely, the outstanding balance was put on a legal charge against the property. Although I have asked for the money, nothing has been paid to me and no attempt to pay off the debt. This was in 2010.
I have since read somewhere that you only have 12 yrs to claim a legal charge. Is this correct? Please excuse my naivety but I'm not very clever when it comes to this sort of thing, hence the need for advice. Regards.
Submitted: 9 days ago.
Category: Law
Expert:  MarianC replied 9 days ago.

Good evening, I am sorry to hear of your situation. If there is a legal charge then this is usually registered against the property. You may or may not receive some repayments in the meantime, but the charge remains until such time as the property is sold and you then receive your money plus interest.

If this is a large amount of money you could apply to the court for an Order for Sale but often the mortgage is the first charge and yours is the second charge.

You have 12 years to sue on a mortgage debt, ie if your home was repossessed then the lender has 12 years to sue you for the difference so I don't think that this applies in your case - as long as your charge remains on the property.

You could start badgering them to make repayments if you think that this might work.

Kind regards

Marian

Customer: replied 9 days ago.
Thank you Marian for your quick reply. You are right, the Santander has the first charge and I am second charge.
I have a copy of the title deed in front of me. I didn't really understand what that meant.
So are you saying there is no time limit on the legal charge? How am I contacted when, and if, the house sells?
I have moved a few times since 2010 and not sure which solicitor acted for me back then. Regards.
Expert:  MarianC replied 9 days ago.

Thank you, ***** ***** partner know where you are? Does the Title Deed show your contact details, if not you may need to update these at the land registry?

Customer: replied 9 days ago.
My ex partner has contact details for me, yes. The title deed shows an old address. Is it straight forward to update at land registry. Sorry for such silly questions but I'm not very good with anything like this.
I would just like to get what is owed to me, I'm sure you understand. Thank you.
Expert:  MarianC replied 9 days ago.

Don't worry, you have every reason to make sure you get repaid. Let me check the land registry position regarding your details.

Expert:  MarianC replied 9 days ago.

Hello, try this link

To change your contact address you should download Land Registry Form COG1, from the Government website, complete it, and send it to the Citizen Centre, PO Box 6350, Coventry CV3 9LP.

Customer: replied 9 days ago.
Thank you for your help. It has put my mind at rest. Goodnight.
Expert:  MarianC replied 9 days ago.

Thank you. Good night.