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Advice please - Charge on property

30 replies

HiggeldyPiggeldy · 02/03/2017 22:48

I wonder if someone can help me please not sure what to do;

A charge was on a house I shared with ex for my legal aid fees and for my share, house has now sold, legal aid amount to be repaid has been obtained and I know my percentage.

However the property seems to have been sold for quite a bit less than similar houses in the area, but my solicitor is saying it not up to them to query the sale amount, its up to me to agree sale amount with ex, but due to previous threats and violence I moved away from the area for my safety and I have no contact with ex, so what can I do? its about 40K difference or 20%

so as not to drip feed, ex is usually drunk or off his face on drugs, its very likely he thought he could sell the property, pay the mortgage, and take the money, stupid as it sounds he had probably forgotten about the charge or not known the implications

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EnormousTiger · 07/03/2017 08:27

I think it might well be the best price available even if some zoopla prices "sold for" (not just advertised at which is often a lot more) show otherwise on similar roads.

willconcern · 07/03/2017 08:33

Unfortunately a 'forced sale' will often result in a lower price - as your ex is having to sell or face repossession this will have a knock on effect on the market value of the property.

HiggeldyPiggeldy · 07/03/2017 09:27

The house prices I found are for houses sold withing the last 3 months so I think that should be about right? I have also gone for the lower end of the range not the top

I am annoyed because Im guessing that the mortgage company would have sent him a letter quite some time ago advising of the situation so there would have been time to get a better price if he had acted and contacted me sooner so that the preparation work could have been done by my solicitor. The legal aid figure was from last week and it does say its a non interest bearing charge

thank you all again, your advice has helped a lot.

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willconcern · 07/03/2017 12:03

They probably are right, in a normal situation. But your ex has taken it to the wire & has to sell NOW. That reduces the price as he can'take afford to wait.

Is there any possibility of you arguing that it is his fault that price is lowered & you should get % based on what it would have raised if he wasn't so irresponsible? May depend on how the charge is worded - is it an amount or a % of sale proceeds?

HiggeldyPiggeldy · 07/03/2017 12:30

what I have done or my solicitor has done is to ask for him to pay the legal aid charge in lieu of the low sale price. I get a percentage (30) and this does make a different of £6000 to me, in view of the fact the house now has to be sold there is little else I can do

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