What if there is a charge on a property particularly a judgment mortgage and it is delaying the resale? What is the best course of action in terms of advising buyers since it is essentially a 3rd party scenario and out of their hands, apart from chasing for updates?
Edited
A judgment mortgage is treated the same way as a normal charge on title, in that either the vendor’s solicitor provides a discharge/ release on closing or an undertaking to provide one after closing. If they cannot provide either, then the buyer cannot close as they will not be getting a clean title. As such, it is totally out of the buyer’s hands to resolve it and up to the vendors to deal with.
The information shared on this site is meant to be helpful, but you should always speak to a solicitor directly as additional details about your agreement or situation may change the answer.
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