Charge on property

[Smaxi]

During a spiteful divorce full of lies and fraud,my ex-wife got a v large sum while I got some but had to pay off all her debts(she obtained fraudulently).There wasn't enough "money in pot" for myself so the court ordered that she pays me �10000 after a)living with someone for 6 mths (she has now for 3 yrs) b)selling house she bought with money (is on market) or c)youngest turns 18(he is now 12) As my solicitor knows my ex's ways he put a charge on her property. Is there any way she can get out of now paying me noe?She'san oscar winner in lying!!!!!

[horty]

If your solicitor has put a charge on the property, you will get your money as soon as a, b or c happens, she can't wriggle out of it, so don't worry. H.

[morbidstorm]

The charge on her property means that when she tries to sell her house she won't be able to offer clear title deeds to the new owner until the debt to the charge holder (you) has been redeemed.

Who ever buys her house will be advised by their solicitors that they cannot complete the purchase until the title is clear, so if she wants to get paid for her property, she will have pay you. Once you have been paid, her solicitor will apply to the land registry ( who the charge is registered with) to have the charge removed from the title deeds, and she can then offer clear title on her sale.

[Omegamike]

Although this post is old I have a question to ask in relation to the above....

What if a charge was placed on a property but because of the buyers solicitor not doing his job he failed to apply for the appropriate certificate from land registry to check for any charges on the property. He subsequently completes the sail but a few weeks later a solicitor acting on someone elses behalf kicks up a fuss that the charge was not actioned and demands payment of monies owed - who would be liable? the property seller? or the buying solicitor?

I'm asking because I'm in the position of having a charge against my property that wasn't executed correctly!!