Charging Order? The myth

eggbox

In case you never found it, Brightonians experience started around page 46

Keezing

I currently have a mortgage on my house in my sole name, although I am married.

Is there any way I can get my wife to be a registered owner, even though she isn't on the mortgage?

Goal is to ensure I don't get a full charging order and instead a restriction.

weimimamma

Thanks eggbox will take a look

eggbox

Keezing wrote: »

I currently have a mortgage on my house in my sole name, although I am married.

Is there any way I can get my wife to be a registered owner, even though she isn't on the mortgage?

Goal is to ensure I don't get a full charging order and instead a restriction.

To do so you will probably have to add your partner to the mortgage?
This shouldn't be too much of a problem unless they have an impaired credit record?

weimimamma

The frustrating thing is our solicitor seems to understand and I have an email from land registry confirming the over reaching it's the other side that is being thick and obstructive

eggbox

Yes it is but, unfortunately, the bulk of Solicitors don't take too kindly to it being explained to them that they don't know what they are doing?

So its best to set out in, straightforward, terms using the LR Practice guides and the Restriction compliance (as noted on your deeds) to get across the explanation as to why there is no need to insist on the removal of the Restrictions, prior to sale. This is simply because they will be, automatically, removed upon sale due to overreaching.

weimimamma

They have the copy of the email
And also the practice guide and our solicitor has quoted both even the estate agents have looked and asked them to refer to the practice guide to be greeted with. Yes I have that guide thank you. The first time buyers solicitor refused to talk to our solicitor Friday saying they would be sending and email which we are waiting for do let's see what other things they have to say.

eggbox

Well you have done all you can really you just need to see what, if any, objection they still have?

weimimamma

Just had call from estate agents not sounding good they said solicitor for our buyer wants and I quote

An undertaking from our solicitor to deal with any queries from land registry only the queries highlighted in respect of removal of the restrictions

I have to be honest I don't 100 per cent understand and hopefully they will send the necessary email shortly To our solicitor

She said if not they will advise his lenders not to release funds

I think it will not go ahead as I think it won't be something our solicitor will agree to as it's a risk for them and not financially viable for us

As I said to our solicitor it baffles me when they have an email in black and white from land registry saying they will be over reached and a contact name in the email but they seem to be ignoring that

eggbox

It's not unreasonable what they are asking for and it's just ensuring your Solicitor is solid with his facts. As there is no risk to your Solicitor because, as you have pointed out, he's got it in black-and-white from the LR that the restrictions will be removed; there should be no reason not to agree?

So it's just a request for professional assurance from your side that everything will be okay to proceed.