Ask an Property Solicitor. Get an Answer ASAP.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. In theory he could stop the sale of your house but it would be a bad idea for the following reasons:
- You cannot unilaterally and retrospectively charge interest on a arbitrary when you previously had no contractual right to charge interest;
- There is a legal maximum that states you cannot "fritter away the equity of redemption". This means a charge holder cannot unreasonably with hold consent for the sale of a property by refusing to release a charge.
If he carried insisting on this payment you would have grounds to sue him.
The best way to deal with this is to get your solicitor to write to him and ask him to confirm that he will release consent. State that in equity you cannot fritter away the equity of redemption and you reserve the right to hold him responsible for any costs or losses you suffer if he unlawfully blocks the sale. Kind regards AJ