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Original poster

SO fed up - we were due to exchange and complete today

78 replies

moominmarvellous · 29/09/2010 10:13

and now we're back in limbo because of all the debts secured on the house by the previous owners.

We've been going back and forth for 3 months solving various problems and were finally getting somewhere; all the searches were done, had signed and returned our contract, money in Solicitors Bank Account ready for today, and then it transpired that another charge was filed against the property on 17th Sep after initial searches were carried out.

It's such a mess. Now, unless the woman can get the charge removed (I have no idea how long this could take) the house could be reposessed and sold by the bank. We dont even get first refusal. Apparrently they don't even have to tell us whats happening and all we can do is keep an eye on the SOLD sign to see if they're re-marketing it.

It doesn't make sense. We have the money for it, ready, today. It's a decent price for the house so I can't understand why this has to happen.

Surely vendors should have to provide a full credit history regarding the house before they are allowed to put it on the market?

I was ok yesterday, but so I'm upset today. there must be something I can do, but I can't find anything out from anyone as it's nothing to do with us in the eyes of the bank and they have all the answers according to the sols and estate agent.

DC2 is due in just over 2 weeks......I should have known it all ended up a bit too neatly after all the crap.

OP posts:
Jackstini · 29/09/2010 10:16

No real advise mm - just wanted to agree with the shittiness of it all Sad
Can you ask the vendors for the name of their lender and contact them?
Maybe it is meant to be that you will still end up buying it but for cheaper as a repo?

Original poster
moominmarvellous · 29/09/2010 10:29

Thanks Jackstini - I can't beleive how complicated this has turned out to be. And to think how excited we were to be buying our first house......

Well we know their lender is RBS, so I'm contemplating a call or a letter to the correct department to just put our name in the frame and let them know that we are ready and waiting to buy this house.

I don't know if they have to repossess it first or what because at the moment it is in the joint names of the woman vendor and her estranged husband who has filed for bankruptcy since sale process began (she isn't bankrupt - somehow). Apparrently this latest charge is in his name so she may be able to get it removed.

I'm finding it so hard to remain optimistic. It's been up and down so often, that if someone handed me the keys right now I'd probably just slump down the wall like I'd just finished a boxing match!!

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lalalonglegs · 29/09/2010 18:50

I'm sure someone will come on with better knowledge of this than me but I seem to remember case law which allowed owners to accept a realistic offer on their home and sell it to avoid repossession. It boiled down the fact that bank had to give the owners a reasonable chance to sell at market price. Ask your solicitor, s/he will probably know more. Bank would be foolish to wrack up admin costs that they will never get back if there is a sale on the cards.

sonotboden · 29/09/2010 18:52

I think it depends on how much the charge is- surely it doesnt necessarily mean the whole thing is off?

if they are just selling and not buying then it shouldnt be a major problem. the entire point of putting a charge on a house is for the person owed the money to get their money. all it means is that their solicitor has to ensure it is paid before the balance of the proceeds are handed over to the vendors.

is the actual problem that the women disagrees with the charge? if she owns the house, she has a point. if it is jointly owned then the money should be taken off his half.

if they were dependent on X amount to move and complete a chain then different situation.

Can you speak to the actual vendor to find out from her point of view which it is? id be tempted to go round with your 38 week belly and poke her with it, look her in the eye and ask for the truth

IHeartKingThistle · 29/09/2010 19:53

Oh no, I'm so sorry for you. We were supposed to exchange yesterday too but am feeling a lot less sorry for myself now as I've realised how much stressful it must be for you pregnant!

I really, really hope it all works out SOON for you [we need a crossed fingers emoticon!]

Original poster
moominmarvellous · 29/09/2010 20:05

Thanks for your responses all.

Well, we cannot speak to the vendor directly, but the Estate Agent called her today on our behalf and sonotboden, what you said is what happened. She is adamant that this charge is nothing to do with her, and is solely in her husbands name. She's called to dispute this and request that the charge is removed.

So, we have to wait until Friday to find out if this is accepted as being the case, and then find out what happens next regarding getting the charge removed. I wonder how long that will take?

They aren't buying anywhere - both have already relocated. The house is already in negative equity, so as I understand it, the reality is that the company who have filed this charge can't be repaid whoever it belongs to.

I think a credit check for buyers and sellers at the outset of this process would be a good thing, as no one stands to make any money from this sale with things as they are.

I've already said that if things aren't sorted soon, I'm going to start hanging round the solicitors office with a screaming newborn and toddler.....might move things along!

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Original poster
moominmarvellous · 29/09/2010 20:06

What's happening in your sale Iheartkingthistle? I never realised how many pitfalls there were.

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IHeartKingThistle · 29/09/2010 20:17

I know, it is a HORRENDOUS system. We've had so many hold-ups, we're onto our second buyer AND second house, which wasted a huge amount of time. The house we're trying to buy is a probate property as the owner died, and they assured us that probate had been granted when we put the offer in. Turns out not - that was 2 months.

Probate finally came through the week before I started my new job (in new location!). We were very happy until we found out that our buyer's buyer had no mortgage offer (WTF???) and we are STILL waiting for it. We've been told '10 working days' 'next tuesday' , 'tomorrow' for a month now and just blatantly lied to.

We've today been told that buyer's buyer (we call him idiotboy) HAS been to his solicitor, paid his deposit and signed his contract today - but still no offer.

I am now doing a 45 minute school run every day with a pre-schooler and a baby, and driving past what should be my new road twice a day. It is not fun!

Sorry that was long, are you regretting asking now?!

I wish we'd started nagging more sooner...

IHeartKingThistle · 29/09/2010 20:35

Appalling grammar there, I meant nagging more, sooner! See, it's the stress!

Original poster
moominmarvellous · 29/09/2010 20:44

Oh god, it's awful isn't it? We had very similar with this house. Told from the start, 'oh look, no chain, property already vacated, the couple have split and we know for sure the wife wants a quick sale as this is the last thing that ties them....' I'm not surprised she wanted out asap, seems like the husband has been wracking debts up left right and centre!

We are now in our 3rd month of waiting and like you have made steps for the relocation with DD attending nursery twice a week, which is 40 mins each way (when I don't get lost!). The school application forms are out in November and I SO wanted us to be in the new address in time for those - that was all I wanted. Now we may have to apply for her school in this area and then tag on to applications in the new area, so taking last pickings Sad that's if we get this house.

So, I definitely feel your pain if that helps at all xx

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IHeartKingThistle · 29/09/2010 21:01

It's the school application that's worrying me as well. Closing date's not till Jan in Surrey and that's been changed this year I think - maybe check that the same thing hasn't happened where you're going?

Honestly, these people make a living out of LYING. How do they sleep at night???

Thanks, I feel better for sharing the pain, hope you do too! x

Original poster
moominmarvellous · 29/09/2010 21:13

Actually, I think you're right, the forms are sent out in Nov and have to be submitted by Jan.....thats good.

I know, I'm just sick of everyone involved in this sale - myself included for being unable to stop thinking about it!

I do feel better. Hope it all works out for you, I'll keep my eyes peeled for an update Smile

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Jackstini · 30/09/2010 07:42

Will keep my fingers crossed for you tomorrow then MM; I have visions of you giving birth in EA or sols - refusing to move until it's sorted...
Sorry to hear you are having probs too IHKT - it is a minefield out there!

Original poster
moominmarvellous · 30/09/2010 07:54

Ha ha! I tell you - if I thought it would help, I blooming would!

It may not get completely resolved tomorrow, but hopefully we'll know something more. I just hope this charge is in the husbands name, I think that's the best possible outcome. I think!

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IHeartKingThistle · 30/09/2010 18:38

So, any news? We have none Sad

Original poster
moominmarvellous · 01/10/2010 13:52

No, not yet hopefully by the end of today we should have a bit more info.....I dread what the day may bring! I'll be back when/if we hear anything - fingers crossed for both of us!

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Heartsease · 01/10/2010 14:48

moominmarvellous that sounds horrendous, you poor thing. The frustration and anxiety must be dreadful. Good luck!

Original poster
moominmarvellous · 01/10/2010 17:11

Still nothing yet - we called our Solicitor and she said 'Oh god I'm so sorry for the delay, friday's are horrendously busy as everyone's exchanging and completing in time for the weekend'.........Grin

Are they??? Are they really??? Bloody hell Grin

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Original poster
moominmarvellous · 01/10/2010 17:12

The first emoticon was supposed to be a Hmm !!

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IHeartKingThistle · 01/10/2010 20:29

I know, who are these bastards who get to move house???

So sorry to hear you're still waiting, it just feels like life's on hold doesn't it? And every time the phone rings I get this ridiculous stab of hope...

DebInAustria · 01/10/2010 21:51

I can't offer any advice, just sympathy. We've been waiting since February for our house sale to complete!

Original poster
moominmarvellous · 02/10/2010 01:16

Well, we've decided to pull out. And TBH I feel relieved! We've shortlisted 4 other possibilities in the area we like the look of and are going to view as many of them as we can tomorrow.

DH's last call with our solicitor ended with her putting the phone down on him when he suggested that one way to find out who owes money to who, would be to get the vendor to check the huge pile of post visible through the front door! Too simple a concept perhaps?!

Her doing that brought home that everyone is sick of this sale, fearing for their commission and as a result, no one is actually helping us. All the hassle has made me actually hate that house!

Fingers crossed that we find something better from our new bunch - surely we couldn't find anything worse?!

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NoseyNooNoo · 02/10/2010 15:07

Wow, the solicitor put the phone down? I hope you won't be using her for your next purchase.

We had a convoluted purchase which we eventually pulled out of - it was a huge relief too and I have no regrets about it.

I hope something turns up soon for you!

Original poster
moominmarvellous · 02/10/2010 19:06

I know, not good is it? She's supposed to be on our side surely?

Woke up a woman on a mission and arranged 6 viewings today, out of which we like one, but it's substantially more money (although it does have an additional bedroom and garage) and I'm not sure if it's out of catchment for the 2 schools we like best, so need to find that out.

As it stands, we haven't officially removed ourselves from the troubled purchase as we may as well leave things as they are and see if anything comes back next week. If by some miracle something can be done, we'll reassess things then.

Right. House switch off. X Factor switch on!

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IHeartKingThistle · 03/10/2010 07:59

You sound like a different person now you're taking control! Really hope this all works out (and you find a better solicitor!)