Charging Order? The myth

Vegan64

:A Can't thank you enough eggbox :T

mitch123

Eggbox

Are ‘house deeds’ the same as ‘Register of title’ ?

eggbox

Have a look HERE

mitch123

Eggbox

Just to keep you updated,
Mortgage company state their records show they are the first and only charge on the property, they are not aware of any other charge. They will send me a letter to confirm.

So it’s down the court route for me.

Many many thanks for your help and quick response.

Any chance you could help out with Brexit process, 😆 we could do with some help

eggbox

mitch123

You included the below information in your first post which clearly shows you have other charges on the register so a bit confused on your mortgage companies info?? (As someone who didn't vote as I was happy to go with the decision of the people who did want to vote; all I can say is that the Brexit mess has been brought about by MP's deciding not to represent their constituants views? But when did any politician work for something other than their own interests? Personally, I'm happy to go with No Deal now and just get on with it. I think the scaremongering on No Deal mirrors Y2K when everyone thought planes would be falling out of the sky )

: Charges Register
This register contains any charges and other matters
that affect the land.
1 A Conveyance of the land in this title and other land dated 10 June
1907 made between (1) Watford Manufacturing Company Limited (Vendors)
and (2) Stanley Ruff (Purchaser) contains covenants details of which
are set out in the schedule of restrictive covenants hereto.
2 (26.03.1993) Equitable charge created by an order absolute of the
Watford County Court dated 12 March 1993 in favour of Asphaltic Roofing
Supplies Ltd.
¬NOTE: Copy filed.
3 (07.02.2007) REGISTERED CHARGE dated 2 February 2007.
4 (18.05.2007) Proprietor: OAKWOOD HOMELOANS LIMITED (Co. Regn. No.
5092310) of 1 Providence Place, Skipton, N Yorkshire BD23 2HL.

jegneg

Apologies if this has already been asked/answered: Does anyone know of a solicitor (anywhere!) that specialises in "restriction" orders?
I have 6 and they've been holding me back for about 10 years.
I need to find away of getting rid of them:-(
Thank you in advance.

eggbox

There isn't anyone we can currently recommend as we haven't received feedback from anyone whose been recommended to in the past? But anyone who does have info please feel free to private message me and I will follow it uP?

jegneg

Thank you for your reply eggbox.
Hopefully someone will know!

mazzabazza

My dad racked up a lot of debt. My mum and Dad are now selling the family home (joint deeds). There are restrictions from two creditors on the deeds. The debt is solely my dad's.

Unfortunately, it looks like there are modified restrictions. One creditor restriction demands 14 days notice and that they must provided certificate/confirmation that they've been provided notice. The other creditor is stating that they must provide "written consent".

The conveyancing solicitor has told my mum that the whole debt will need to be paid before sale of home which I don't think is correct. My dad doesn't have enough money to pay the debts off in full from his share of the equity. And it's a bit unclear as to who would have first dibs anyway.

My mum has had an offer and wants to sell, and just get the hell out of that home. But it just seems like there's barrier after barrier.

What would she need to do?

She's in a bit of a desperate state and it's really taking its toll on her mental health. She doesn't really have the money to change solicitors unless she absolutely has to. And I don't have the money to be able to help her as I would like to.

eggbox

mazzabazza

Firstly, if you could post up the full wording of the restrictions it will help to clarify your options and, secondly, don't expect any help off your conveyancing solicitor as they will, largely, spout the same robotic advice on this subject.

Modified restrictions may present a hurdle to selling in the manner this thread explains without settling the debt at the point of sale; so we'll hold fire on that advice until we know the actual wording of them?

But when proceeds of a house sale are used to pay creditors then payment is allocated in order of priority. Meaning the Creditor who had there restriction registered first, by way of date, will be the one who will be paid from first and so on down the line according to date order.

If your parents are desperate to sell up because of your Mom's health then (assuming her restrictions are modified) you can try to negotiate a lower settlement with the Creditors to bring the amounts owed within (and hopefully much less than) the amount your Dad can settle?

If your parents consider this action then explain they must not UNDER ANY CIRCUMSTANCES give creditors any sniff that they are desperate to sell up! It's very tempting to believe that if it's explained your Mom is suffering health issues, then the creditors might be sympathetic. They won't be and you MUST trust me on this.

So the best way to approach the creditor and see how they feel about an offer of payment now is to, casually, contact the creditor saying you have had an offer for the property out of the blue. However, you are currently unable accept the offer as the debts owed would make it impossible to move.

Then just say that if they would consider accepting 25% of the debt it might be possible to sell the property and settle their debt at the same time?

You follow up saying that you'd like the chance to get the debt out of the way but you would understand if the reduction requested isn't possible? However, without that sort of reduction it would n't be possible and you have no other reason to move?

How they respond will let you how keen they are to make a settlement?