Court Order

[pintor 32]

We are buying a house and our solicitor found there is a court order needed to amend a title which is being dealt with, the sellers have agreed to pay for it after amendment, don't know any more details, but wondered does anyone know how long this could take?

[geared 303]

Shouldn't your solicitor be answering that question?

[Jeffrey Shaw 90]

2 hours ago, pintor said:

We are buying a house and our solicitor found there is a court order needed to amend a title which is being dealt with, the sellers have agreed to pay for it after amendment, don't know any more details, but wondered does anyone know how long this could take?

It all depends on what sort of Court Order it is.

 

The entry might just relate to a debt of the current proprietor. As with any secured debt (mortgage), it has to be paid-off on completion so that the entry can be removed and you can obtain clear title.

Or it could be more tricky- e.g. litigation proceedings with a neighbour, or a title claim by a trespasser, or a 'matrimonial' kerfuffle.

 

As per post #2: ask your solicitor for more information. Post it here (duly edited down, of course), if you want to.

Edited October 31, 2019 by Jeffrey Shaw

[Top Cats Hat 10]

I suspect that in these modern times the vendor was obliged to inform you of this when selling you the house.

[spider1 11]

Poss money was borrowed against house at some stage. Solicitors love to spin this out get on to him he can sort out fast as he wants called e/ mail 

[pintor 32]

9 hours ago, spider1 said:

Poss money was borrowed against house at some stage. Solicitors love to spin this out get on to him he can sort out fast as he wants called e/ 

Think this is it, they are varying it to allow the sale to go through, so I'm guessing they will then have the money to pay off the loan erc

[Jeffrey Shaw 90]

All in all: post #2 is correct.

Edited November 1, 2019 by Jeffrey Shaw

[spider1 11]

3 hours ago, pintor said:

Think this is it, they are varying it to allow the sale to go through, so I'm guessing they will then have the money to pay off the loan erc

Know of a case were money was borrowed previously by owner but  had paid it back but still held sale up load rubbish they like to spin it out to justify fee

[Jeffrey Shaw 90]

We have no idea of the circumstances. On completion of a sale, V's solicitor gives a legally-binding Undertaking to discharge all debts secured against the property- inc. those covered by a Court order- so that does not seem to be the reason for delay here.

[pintor 32]

On 02/11/2019 at 20:59, Jeffrey Shaw said:

We have no idea of the circumstances. On completion of a sale, V's solicitor gives a legally-binding Undertaking to discharge all debts secured against the property- inc. those covered by a Court order- so that does not seem to be the reason for delay here.

Am I able to pull out of this purchase, due to the court order,  bearing  in mind I haven't exchanged or had a date for completion  yet?

Edited November 4, 2019 by pintor

[geared 303]

If you've not exchanged then you can usually pull out, more costly after exchange.

 

Obviously all money you've paid for searches, surveys, legal fees etc is gone.

Edited November 4, 2019 by geared

[Jeffrey Shaw 90]

On 04/11/2019 at 15:55, geared said:

If you've not exchanged then you can usually pull out...

 

Obviously all money you've paid for searches, surveys, legal fees etc is gone.

Yes, as only on exchange of contracts is there a binding and legally-enforceable obligation to sell/buy.

Remember that the problem is the vendor's. No matter who proposes to buy, the problem will remain until it's removed by V. Don't buy into a problem; and be guided by your solicitor's advice (not SF's!).

Edited November 5, 2019 by Jeffrey Shaw
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