Charging Order? The myth

DAKOTA45

Other really pressing matters now are that I need to serve & file witness statements by Friday, followed a week later by a schedule of loss & damages…
I need to find someone who is expert in these matters as I have dyscalculia and once I have run out of fingers and toes, I am well and truly stuffed!
Gaah!!
D45

chkymonky

well done Hootin_Heck and a big salute eggbox.

eggbox

DAKOTA45 wrote: »

There is no need to go to court if the Defendant doesn't acknowledgement service of the claim… Judgement in default is automatic, or as far as I am aware…
It seems the defendant's lawyers managed to overturn the judgement just by speaking to one of the Masters...

Hi Dakota, was a Default Judgement actually granted by the Court or was only an application made for such?

If it was granted and registered then you should have been notified of the set aside application (which is what they would have to apply for using form N244)

At the very least, you should have been notified on what grounds the Judgement was set aside by the Court?

Torioca

Hi I'm just wondering if anyone can help

My husband owns the house we live in with his ex partner.
The outstanding mortgage amount is approx the same as what the house is worth.

We are hoping to move abroad for my work but his ex has a debt of approx £7000 that was secured against the property in 2015.

Would this debt need paying before we could sell this house?

eggbox

Torioca

Probably not if the debt is only registered by way of a standard Form K Restriction. But there may be difficulty if the Restriction has been modified?

So its best to check the wording of the Restriction registered on the deeds of the property (you can do this for a small fee on the Land Registry online site) and notify us here what they are?

Torioca

Thank you, ill have a look a the land registry site as the only info we have is a copy of the final charging order.
We did go to court to contest the order as the ex partner hasn't ever made any financial contributions towards the mortgage and we had proof of such but the judge was unwilling to view the evidence or listen to anything my husband said.

Torioca

Hi, I've just bought the title document form the land registry and the only thing I can see regarding the charge is from the original entry.

B: Proprietorship Register

This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal.

Title absolute

3(18.12.2015) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Motor Insurers Bureau at DWF LLP, Trafalgar House, 29 Park Place, Leeds, LS1 2SP, being the person with the benefit of an interim charging order on the beneficial interest of ........... made by the County Court at Bury on 1 December 2015 (Court reference ...........).


Does this mean that with the right solicitor we could sell the property without having to pay the exes debts?
thank you

eggbox

Torioca wrote: »

Does this mean that with the right solicitor we could sell the property without having to pay the exes debts?
thank you

Yes it does.

The Restriction only states that the buyer has to notify the Land Registry that it has notified the Restriction holder (that a sale is occuring) to satisfy the Restrictions terms.

Torioca

That's perfect, thank you for your help eggbox, it's a massive weight off my mind.

I'll probably be back in touch when we have a buyer to find a recommended solicitor if that's ok.

I have forwarded the address details of my husbands ex to the debt collection agency so hopefully they'll be getting some money back from her but I doubt they'll have it all by the time were selling

Rangers123

Hi Eggbox, I am selling a house I own with 3 other owners. There are no mortgages on the property, just a restriction:

RESTRICTION:
No disposition of the registered estate,
other than a disposition by the proprietor of any registered charge
registered before the entry of this restriction, is to be registered
without a certificate signed by the applicant for registration or theconveyancer that written notice of the disposition was given to Sigma
SPV1 Limited (incorporated in Jersey) at care of HL Legal 3rd Floor
Grosvenor House, Prospect Hill, Redditch B97 4DL, being the person with
the benefit of an interim charging order on the beneficial interest of...

I was wondering if I could possibly ask for the name of the solicitor that Hootin_Heck used, to see if I'd be able to use them for our sale?