Charging Order? The myth

eggbox

Well done!

weimimamma

Yay well done distracted. I am 3 weeks into my sale at present and am seriously struggling to gain any acknowledgement or contact from my solicitor - watch this space.

Weimimamma

DAKOTA45

Distracted wrote: »

Hi


Just a quick update on my situation. The House sale went through as a success and we completed on Friday.


There was a slight panic with the mortgage lender telling my solicitors secretary that there was still a charge on the property that they wouldn't talk to her about. (this turned out to be the restriction and nothing to do with the mortgage lender)


Apart from that its all gone ok, waiting for confirmation that the restriction has been removed from the property for the new owners but it looks like its all been a success.


This was using a solicitor who didn't know much about this until I brought in the evidence to him (gained from this forum) and helped him through the process as some very kind and knowledgeable people have helped me on this forum


Would like to say a big thank you to Eggbox and the LRR who's advice and knowledge has been invaluable and helped me and my family get through this. I'm proof that this can be done - good luck to everyone who is in this situation, don't give up hope as many hurdles as you encounter, there is always a way around them.

So pleased for you… :T D45

weimimamma

Just a quick update on my sale, have received email from estate agents to advise searches are back and buyer has mortgage offer, just need my solicitor t chivvy up the process of purchasing the leasehold of our property as we have agreed to make it freehold upon completion. I suppose now we have to wait for the issue of the dreaded restrictions to raise their head. Not sure when this will be but will keep the forum posted if i have any contact from my solicitor on this issue.

keeping everything crossed !

Weimimamma

eggbox

Hi weimimamma

Dd you manage to get a better response from the Solicitor in question?

weimimamma

Only after I sent them a recorded delivery letter they left me a voicemail saying they had sent out the contract pack or the other gentleman had before he left and they had not much to update me on. got more information from contacting the estate agents who let me know where my purchaser was up to. wrote my solicitors another letter Friday asking them to get a chivvy on with purchasing the freehold as I contacted my freeholder and he said he had received no contact from my solicitor requesting to purchase. The estate agent is worried that this purchase may delay exchange/completion so will see what they come up with this week.

eggbox

Well keep on their case as there is no excuse for non contact.

gchads

Hi LRR,
I have a interim charging order from 2009 against my property and which apprently was granted to full charging order. The creditor applied for it when they shouldn't of because i had never missed any payments. The house is in joint names but the debt is mine. I never received any correspondence regarding this Full Charging Order, so i couldn't defend my case in court. I've asked Land Registry , the Creditor and Local Court to provide me with a copy. None have a copy to produce. Our property still has an Interim charging order which was never changed to full charging order. Can i apply to have the ICO restriction removed until they provide me with a copy of FCO. Because "interim" doesnt mean forever.

Your help Appreciated

gchads

Land_Registry

gchads - removing the ICO is not reliant on whether anyone can produce a copy as it is whether the debt and CO is still in place. You would need to show that the order has been dismissed and/or the debt has been cleared for example
How is the ICO protected on the register? I assume as a form K restriction.

Interim does not mean for ever but it may be something eggbox can explain for you although I suspect it's already covered somewhere in this thread

gchads

Land_Registry_representative wrote: »

gchads - removing the ICO is not reliant on whether anyone can produce a copy as it is whether the debt and CO is still in place. You would need to show that the order has been dismissed and/or the debt has been cleared for example
How is the ICO protected on the register? I assume as a form K restriction.

Interim does not mean for ever but it may be something eggbox can explain for you although I suspect it's already covered somewhere in this thread

Hi LRR.
Yes ICO is protected by a Form K restrction. Apparently they state they have a final charging order but no one can produce me a copy and the ICO is still in place. It's. totally unjust as anyone can place an ICO on your property and leave it on there. The word "interim" should be temporary. I've sent a letter to LRR asking them to remove the ICO until such times they can produce a copy of FCO.

Help Much Appreciated

gchads