Overcoming Debt Challenges in a Residential Sale and Purchase

Client Background

I was instructed by a homeowner in Cheshire who was selling her current property and purchasing a new one. The client approached us on the recommendation of family members for whom I had previously acted. At first glance, this appeared to be a standard sale and purchase transaction.

The Legal Issue

The client required full legal support with her sale and onward purchase, including a review of title, issuing the contract package, and managing both matters to exchange and completion. However, it soon became clear that the sale was complicated by several unexpected title issues.

Challenges

Although the matter began as a routine conveyancing instruction, we discovered numerous financial charges and restrictions registered against the sale property. These included unilateral notices and charges lodged by four separate companies, some of which had since gone into liquidation.

This created a significant risk for the buyer and caused delays to the transaction. The seller had very limited paperwork and tracking down the right people, such as administrators or receivers, often took time. Each case required careful negotiation to settle the debt and remove the restrictions.

My Approach

I worked closely with my team to investigate each registered charge and identify the relevant contact parties. This involved contacting multiple agencies, tracing liquidators and persistently following up with unresponsive companies. We then opened settlement discussions to reach agreements acceptable to all parties.

Throughout the process, I ensured the client was kept fully updated. I explained the implications of each charge and the impact on the sale. Our focus was on finding a solution that would enable the client to sell with a clean and marketable title.

Outcome

Despite the complexity and limited cooperation from some parties, we were able to negotiate settlements with all charge holders. The client’s title is now being cleared of all outstanding debts, and we are progressing the formalities of removing each restriction at the Land Registry. This will allow her to complete her sale and move forward with her new purchase.

Reflection

This was a challenging matter that required persistence, collaboration, and problem-solving. What seemed at first to be a simple transaction became a layered case involving multiple third parties and title defects. I’m proud of the way we supported the client through every hurdle and worked to secure a clean outcome.

Comment from Horup Khan

“This was one of those matters where early appearances didn’t reflect the complexity beneath. I’m grateful to my team for their tireless work in tracking down creditors and resolving each issue. The result is a title now fit for sale, and a client who can move forward with peace of mind.”

Clifford Johnston & Co. is a leading law firm with offices in Manchester and Stockport, supporting clients across Greater Manchester and the wider North West. We act for buyers and sellers in residential transactions of all types, including matters complicated by title defects, financial charges and third‑party restrictions. Our experienced Residential Property Solicitors  provide clear, practical advice to ensure your transaction progresses with confidence.

When unexpected issues arise during a sale or purchase, early legal intervention can make all the difference. Our Conveyancing Solicitors are skilled in resolving complex title problems and delivering solutions that protect your interests, allowing you to move forward with certainty.