Charging Order? The myth

eggbox

wembley14


Well done to you to as persistence is the key! (and sorry about the spat with joan and kanute but I can't let those type of views just pass by given the unfairness of these charges)

wembley14

Eggbox


I agree wholeheartedly with you. All you have done with this thread is point people in the right direction, which has been invaluable to me and others.
I hope that others will persist with their own CO woes using the brill info given in this informative thread.

joan1920

Congratulations Lazy B if you could disclose the name of your conveyancing solicitor on the forum, then any others in the same position as yourself could inform their solicitors in turn, and eventually all solicitors can finally help people in the same position you found yourself in, this would be very informative for all members

kookykathryn

I am still trying with mine, so if you have the details of the solicitor that would be great!

eggbox

Disappointingly, it does seem as though once posters are sorted with their particular problem they disappear? Which is a great shame, given the help they have received from this thread, that they can't find the time to give something back?

JasmineStocks

Hi, I am new to this forum but I really need advice please. My step father died a few months ago and I am trying to help my mum sort out his and her debts. We have put the house on the market and it has restrictions and charging orders against it. By reading this thread I have learnt about the difference between restrictions and charging orders. I can't understand, though, how one of the charging orders could have been applied to the title of the house when the debt was only in my late step father's name and my mother jointly owned the house. We have found a buyer but my mum's solicitor says the sale cannot go ahead until all the restrictions and charging orders have been paid. There won't be enough money to pay all my step father's debts and the solicitor says that my mum will have to pay the surplus out of her own bank account (she says no-one can pay it for her). My mum hasn't got the thousands that she will still owe. I thought that my mum was only liable for the charging orders, which were in her name also. I am also confused because we've been told that the buyer of the house has already got a mortgage in place. The sale is in the final stages but it might fall through at the last hurdle. Thank you.

eggbox

JasmineStocks


The first thing to find out is what the debt is behind the CO attached to the estate, when it was registered and if it was definitely only in your late Step Fathers name? If it definitely was then you can contact the Land Registry to find out how it has been registered in the way it has given the facts (but do check the info as some creditors "managed" to get both partners to sign on the dotted line for this very reason!)


Your Solicitor is talking rubbish about saying your Mom has to settle your late Step Dad's debts in his name only. She is no more resposible than I am if they are his debts. Your late Step Father should will have left an "estate" and it from this that any debts due will be settled from. If their isn't enough to settle that's just tough on the creditors.


So it would be useful to know if your late Step Dad's estate has been settled, if there is a mortgage on the property and how the "ownership" of the property currently stands?

JasmineStocks

Hi Eggbox, thanks for your reply. There's an outstanding mortgage in both names, a loan in both names, and a debt in my step dad's name (I have the court number), these 3 are charging orders on the property. He left a bank account with an overdraft. There are two other restrictions on the property. The other is a credit card restriction in my step dad's name only. The house sale is in it's final stages and now my mum's solicitor says it can't go ahead. My mum wants to pay the debts but she can't pay if the house sale doesn't cover them. I'll ring the solicitor back today and the Land Registry. Thank you.

eggbox

If there is a mortgage on the property, then that lender will take priority for it's debt (as it will be the first registered by date) and whatever proceeds are left will go to pay off other registered charges in order of date registered. Non payment of those charges cannot stop the sale as a CO doesn't guarantee repayment it only secures a debt on an asset.


If that assets value falls short then they would have to pursue any debt still owed after the sale (which is unlikely)

Land_Registry

JasmineStocks - you mention ringing Land Registry but I would suggest there is little point in ringing as we could not provide anything additional to what you already know, over the phone.

I would follow eggbox's advice re checking the details behind the loans first. IF you need to then double check how the interests were then protected on the register, whether correctly and/or by whom and how then I would put that in writing using our online contact form.

To answer such questions we would need to most likely check a degree of information which may not be immediately available. And if you were to then pursue such matters either with us or the creditors you are most likely going to need written evidence.