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    • Nina hyatt
    • By Nina hyatt 2nd Oct 17, 3:07 PM
    • 1Posts
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    Nina hyatt
    Land registry
    • #1
    • 2nd Oct 17, 3:07 PM
    Land registry 2nd Oct 17 at 3:07 PM
    Hi I am hoping someone can help an in a right state basically we are selling our home but we have charging orders on house most over 10 years ago but I don’t understand the difference between them and which is a order we just don’t know how to work out what we will have to pay back and who? Hoping someone can help firstly will morgage company know how much the orders are for ?
    Also what is the difference between equitable charge and a unilateral notice ? And will they both take the money when we sell?
    Also is Intrest still added even though they have the charge? Thanks and sorry for so many questions we just don’t know what to do or understand
Page 1
    • DoaM
    • By DoaM 2nd Oct 17, 3:37 PM
    • 3,335 Posts
    • 3,376 Thanks
    DoaM
    • #2
    • 2nd Oct 17, 3:37 PM
    • #2
    • 2nd Oct 17, 3:37 PM
    Why don't you ask your solicitor?

    Any mortgage on a property (or other load secured against a property) will mean there is a charge on the property in respect of that mortgage/loan until it is paid off. (You'd still need to get such charges removed - it is a normal activity for your solicitor to carry out once the mortgage/loan ends).
    Diary of a madman
    Walk the line again today
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    • G_M
    • By G_M 2nd Oct 17, 3:38 PM
    • 41,478 Posts
    • 47,870 Thanks
    G_M
    • #3
    • 2nd Oct 17, 3:38 PM
    • #3
    • 2nd Oct 17, 3:38 PM
    Best approach is to

    a) pay off all debts, and ensure your creditors remove associated charges/orders

    and

    b) speak to your conveyancing solicitor for advice before marketing
    • steampowered
    • By steampowered 2nd Oct 17, 3:43 PM
    • 1,789 Posts
    • 1,700 Thanks
    steampowered
    • #4
    • 2nd Oct 17, 3:43 PM
    • #4
    • 2nd Oct 17, 3:43 PM
    This is something that your solicitor will need to advise you on. Do it early so that you have enough time to resolve any issues.

    Ideally, you would pay the debts and get the charging orders discharged in good time before completion. Otherwise arrangements will need to be made for them to be discharged on completion.

    The approach does depend on the exact wording of the restriction. So it is impossible to advise without knowing the exact wording. Sometimes the creditor only needs to be notified rather than actually paid.

    The restriction against your property should name the judgment creditor. To identify how much you have to pay you may need to read a copy of the underlying court order and/or contact the judgment creditor.

    Whether interest is added depends on the court order. Interest is usually added at the rate of 8%, but you'd need to get a copy of the court order to be sure.

    The mortgage company will know what is outstanding on their own charge but is unlikely to know about anyone else's.

    Unilateral notices have limited effect. As the registered owner of the property you can apply for them to be removed, and it is up to the person who registered the notice to object. It may be worth trying to have any unilateral notices removed in good time before completion. There is a specific land registry form to do this.
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