Judgement mortgage discovered after contracts exchanged.

"It was on the day that the seller was signing that the purchaser was informed by their solicitor. "

So, vendors solicitor calls purchasers solicitor on the day that the vendor is signing the contract and says oh, by the way, there's a judgment mortgage on the property. I doubt it.

"Can the contract not specifically state that there is nothing outstanding on the title ?"

It does.

Contract confirms that Vendor will furnish clear , charge free property - unless there is some other arrangement.

In this particular scenario, the message is very garbled because its the OP's friend who is in the situation. Even if it was the OP, the chances are it would still be coming through as a garbled message as most clients don't really understand the process anyway.

mf
 
mf - Thanks for the clarification. I agree that there is something missing here which is muddying the water a bit.
 
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