Charging Order? The myth

Waterside123

Hi looking at all the information what would stop anyone from gifting there house to another family member changing ownership on land registry so removing the restriction leaving it for several months then changing it back by following the same process

Dazza333

Help. I have had a voluntary hand back of my home. The mortgage has been paid and surplus passed to second mortgage company. They are waiting to pass on to next charging order. Lowell. They have no records of the charging order so are unable to progress. The order is for £1k. The surplus is £37k. I can’t seem to get things moving to get access to the remaining monies. Anyone been through this? 

alawy75

I had a credit card with Barclays trading as Monument, they have put an equitable charge on the property , this was in 2007 , I have contacted Barclays to pay off what is outstanding , they have advised that they can't find any records and as we know monument no longer trading , I contacted the solicitor Eversheds that dealt with it they advised that case was closed in 2012   

I have to sell my property due to financial constraints  , I have a buyer but i don't know who to pay 

can anyone advise please 

housebuyer143

Waterside123 said:

Hi looking at all the information what would stop anyone from gifting there house to another family member changing ownership on land registry so removing the restriction leaving it for several months then changing it back by following the same process

You can't do this. You need to sell it for market value and can't just get around the charges by changing the names to another family member. A genuine sale is likely the only way to remove these. 

Worryworm21

Just want to update that my house sale went through last month without settling the “charges” my solicitor did exactly as requested and notified the creditor on the day of the sale.

the creditor has got in touch to say they have been informed the house was sold and I have 21 pay before they will lift the charge (which is already lifted so not sure where they are going with this)

just wondering if they may look at any other methods of enforcement (the original ccj is 12 years old and no payments have been made for 5 years) or if anyone else has been contacted post sale? 

fatbelly

Ccjs are expected to be enforced within 6 years. If they want to try anything else they have to get express permission from the court. Your case shows how ineffective a charging order is on a one- debtor joint property situation

Worryworm21

Thank you fatbelly and for the advice on this forum that has helped us move house, we were stuck with our previous house and interest only mortgage due to the “charge” so it really has been invaluable to us. A very stressful few months but if the right conveyancer is found I imagine it’s a much easier process.

Thomas71

hi there can any one help ,my scenario is i need to remove a restriction on the land registrar i am the owner on the title with my sister with a restriction put on by mother the restriction is under my oldest brother whom has passed away sadly 
i m in the process of selling the house but obviously need the restriction removing my oldest brother has two kids whom have a probate under his name and are not signing the rx4 form 
any ideas how i can go forward 
the kids  are looking for money of the proceeds of the house 

Land_Registry

Thomas71 said:

hi there can any one help ,my scenario is i need to remove a restriction on the land registrar i am the owner on the title with my sister with a restriction put on by mother the restriction is under my oldest brother whom has passed away sadly 
i m in the process of selling the house but obviously need the restriction removing my oldest brother has two kids whom have a probate under his name and are not signing the rx4 form 
any ideas how i can go forward 
the kids  are looking for money of the proceeds of the house 

This doesn’t read like a charging order scenario and I’d recommend you seek legal advice to understand what the restriction protects, what your oldest brother’s protected interest is and whether it remains. 

If his executors won’t withdraw it then you can apply to cancel it (form RX3) but you’d need supporting evidence to prove the interest is no more. And that’s where your legal advice comes in as it reads as if the interest still exists 

shomk

Hi, I am new to this thread. I've read some of it but there is a LOT! And it goes back quite a few years. So my question is:

I am being gifted a sum of money to clear debts.
I have been left with joint debts and my ex's sole debts as agreed through financial proceedings and divorce. Some of these sole debts have a Restriction on our house (which is soon to be transferred to my name, I am not selling my children are under 12), so it says exactly as shown in blue on the first page of this thread.
I cant ignore the debts, as I have agreed to pay them imminently so he is debt free.
I have made a low offer to clear the debts as a partial settlement - they have come back with along the lines of 'no, considering we have a charging order on the property' i.e. they can get the full amount.

So is this thread saying that I can say to them that as the debt is in a sole name, they only have a restriction on the property and it cant be enforced? Could they please reconsider the settlement offer, or negotiate?

That sounds a bit basic, so if anyone can elaborate and use the right words please, or tell me if I'm completely wrong!

Thanks