Charging Order? The myth

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Land Registry Rep - thank you and will have a detailed look over tonight!

weimimamma

Exactly right and LRR's post and also the post I put up from the Solicitor above explains why this is possible.

No need to contact any creditors as its not your job, just concentrate on making a sale of your property with the information provided.

Distracted

Well I'm off to meet my Solicitor this afternoon. I'm going well armed with information and hoping that he has a good understanding.

Our Beneficial Interest disclosure is all above board and thankfully predates any restrictions put in place, The new mortgage will be in my name with my wife removed from anything financial.

Biggest worry at the moment is the buyers solicitors and their mortgage brokers, this is where I feel I need to talk about with our Solicitor and get him to convey the importance of timing in contacting the Creditors and also the understanding that this is a restriction which only effects the beneficial interest not the Estate and will fall away upon completion.

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Distracted

Good luck and Land Registry Rep has provided some useful info for you to take, too.

Please let us know how your solicitor reacted as all information is useful!

Distracted

Well that went ok I think, he was interested in what I had to say to him, and agreed on a few of the key points (such as all we had to do was to confirm that we had written to the debtors informing them)

I very much think he's going to go away and have a check up on it himself, I think the research that I've done and advice I've had on hear was very useful. Thanks you for all your help and guidance

Interestingly he didn't seem to think that my buyers mortgage would be a problem, he also seemed to view the deceleration of the beneficial interest between me and my partner of worthy of keeping a record of.

I did tell him that we would be prepared, if the worst came to the worst to make an offer, based on the fact that my Wife has no assets and being on the sick, this would be reflected in the amount and it would only be to remove her from the Judgement not a final settlement for her ex-partners share

I will let you know more as and when this progresses, initial timescales are to be completed by October so its pretty soon I guess, thanks again

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Distracted

Well at least you seem to have a Solicitor willing to do some research to help his client's interests rather than encountering one of the sheep variety bleating out the "it can't be done" line?

Let's hope he stays on track.

DAKOTA45

Distracted… Looking forward to hearing how it all goes. Good Luck! D45

weimimamma

Need further advice, have decided we are going to sell, just finalising estate agent valuations.

However, I have one or two interim charging orders on the land that we have no info on how much these are for and really want to know what the outstanding debt is on these do you know the best way to go about checking this info as Courts don't have docs as they are from 2008 ad 2011.

Also if we decide that we do want to offer full and final settlements on these debts to get them sorted once and for all where is the best place to start with that if indeed we should.

If we go down the route of finding a solicitor who will agree not to pay these on completion what happens to paying the debts then as they are not going to vanish as much as I would like that :-)

Also can Interim charging orders be subject to statue barred?

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weimimamma

You can download a copy of your deeds from the Land Registry website (for a small fee) and they will show who the CO are held by.

Your Solicitor will, if you decide to settle, sort the CO payments to the relevant creditors as part of the selling process.

Charging Orders, interim or final, aren't subject to Statute Barred laws.

AMBERSHADOW

Sorry to interrupt here.. We have a couple of CO's charged to our house, but neither are in joint names although the mortgage is joint...


But the CO's are not they are separate names as one person was not the only person with interest if you know what I mean.


So does this mean our's is restrictions?

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Ambershadow

If you could let us know the wording on the deeds it would help clarify what you have registered?