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Removing charge from property

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Secretsout · 24/08/2019 18:02

Looking for advice. I do have a solicitor but they were off yesterday and would like advice as not back in til next week.

I’m the executor and main benefactor of a relatives will, it’s basically a property. Property has two charges on it. First one to mortgage company, 2nd to me and EXH (only a small amount).

I’ve remortgaged the property and it’s being transferred in to my name. If Ex refuses to sign paperwork to realise the charge, what happens?

Obviously mortgage company want paying and I’ve got my mortgage offer to pay them and Ex and others in the will, so what if he refuses to sign? (He’s a very difficult man and I am no contact with him) solicitor has written to him. Can solicitor do the transfer in to my name and complete my mortgage but keep Ex’s Money in an account til he signs?

TIA

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