Charging Order? The myth

rose28454

Sparklyfairy wrote: »

Hi Rose, really sorry but I'm unable to help - your issue sounds really specific & you might get a better response if you post a question in the CAG website or Legal Beagles sites as they should have more knowledge there.

Thanks for that. I am away at my sisters for a few days so will do that when I get back

nassam

blueback wrote: »

Nick

I cant give out my solicitors details without consent. They are just a standard High Street Solicitor.

The Land Registry make it very clear with how they deal will C/orders on jointly owned properties

You are therefore correct in saying that when the Land Registry receives an application to register, for example a transfer (sale of property), we will not ask to see the consent(consent means the creditor has applied to court in time to have priority on any equity ) of the person who has the benefit (the creditor) of the charging order

We will only want a certificate from the applicant for registration or his conveyancer that the person who has the benefit of the charging order has been given written notice of the transfer.

If both joint owners sell the land to a third party the restriction will be cancelled when the transfer to the purchasers is registered.

I will try and gain consent to provide contact details of my solicitor if you still need clarification

Blueback

please can you help me the same too. i have read this thread numerous times and have spent the last 6-8 weeks trying to find a solicitor who is familiar with what your saying but so far have not found one in bristol!!!! we have joint mortage but my huband has a restriction from nr for 22k. i don't want to lose my share of eqiuty when we sell as i need to use it to pay for deposit on the next home and payof a f&f iva. really deperate. anyone who can help with a decent solicitor - PLEASE

Sparklyfairy

Hi there, You aren't limited to only using conveyancing solicitors in your local area. You can use any within the UK (well, not entirely sure about Scotland & NI, but my sister used a solicitor from Wales when she moved to Dorset...). It may be easier to be face to face although not necessary. I bet if any conveyancing solicitors who were aware of this difference between a co & restriction & advertised that fact, they'd NEVER be out of work - lol! Hth, SF

nassam

thanks sparklyfairy but any chance you could send me a private mesage for further details of a solicitor? i would be really grateful for any private messages with phone number of any suitable solicitor. anybody - please help me.

Sparklyfairy

Hi Nassam - I would if I knew of one, but I don't I'm afraid..really sorry. If anyone does, please share!

AMBERSHADOW

Can they make you sell though if the restriction is in one name only and the house is joint owned mortgage

Sparklyfairy

AMBERSHADOW wrote: »

Can they make you sell though if the restriction is in one name only and the house is joint owned mortgage

From what I've read - primarily from the CAG forum - inorder to prevent an order of sale you must adhere to the monthly payment the dj set during the charging order hearing. As it's a restriction & not a charging order, the co owner of the house could attend the order of sale hearing & defend. It's also helpful if there are small children, ill or elderly people living in the house as well as judges don't like to enforce this side of charging orders/restrictions....however it has been said that orders of sale have been used & been successful when a debtor purposfully avoids making any payment to a creditor.

Take a look at the CAG website as they are much more aware of the ins & outs of court action than this thread is.

AMBERSHADOW

Sparklyfairy wrote: »

From what I've read - primarily from the CAG forum - inorder to prevent an order of sale you must adhere to the monthly payment the dj set during the charging order hearing. As it's a restriction & not a charging order, the co owner of the house could attend the order of sale hearing & defend. It's also helpful if there are small children, ill or elderly people living in the house as well as judges don't like to enforce this side of charging orders/restrictions....however it has been said that orders of sale have been used & been successful when a debtor purposfully avoids making any payment to a creditor.

Take a look at the CAG website as they are much more aware of the ins & outs of court action than this thread is.

Thank you for this but no payments or acknowledgement of this debt has ever been said..

I didn't know there was a restriction or a court order it's in my DH name only so I wasn't privvy to any court papers at all..

helpappreciated

Sparklyfairy wrote: »

Hi Nassam - I would if I knew of one, but I don't I'm afraid..really sorry. If anyone does, please share!

Please can anyone help?
Our Solicitor is drawing up the contract for our house sale.
Quite by accident I stumbled upon this thread and was amazed by what I read.
My partner has ICOs - Restrictions- on our joint house ownership.
Our solicitor says the views expressed in this thread are wrong and the ICOs must be paid off before the transfer.
How do we find a solicitor who can help.
Any leads would really be appreciated. Thank you.

Sparklyfairy

No, you're solicitor is misinformed...send him this to educate him a bit. That is why this thread is so, so valuable. As you will see, the cover of your husbands restriction paperwork clearly states that either your husband or your solicitor must inform your creditors that have the restriction of your move. There is no time limit stated - so essentially, as pointed out in the handy link above (written BY solicitors) the letter could be done a week, a few days, etc before the actual move - before the cogs could get turning....your solicitor is confusing the law regarding full charging orders...as I believe completion cannot take place until creditors are told...

As for your current solicitor - you can have a chat with him explaining this imparative difference & if he agrees to send the letter(s) to your creditors down to the wire - great. Or you could do it yourselves...explain that YOU want to take control of this issue completely & want him to concentrate on the other house sale issues because again, the restriction paperwork says that YOU can do this - not necessarily your sols. Or you could fire him & find one who understands this valid difference. It may be hard to find one, but they ARE out there - but few & far between....Just make sure that someone sends a letter as it's illegal to NOT send one iykwim. Good luck & please keep us informed!=)