Charging Order? The myth

fatbelly

Yep. Standard Form K. All your conveyancer has to do is comply with the restriction. This involves sending a 'certificate' i.e. a notification of the sale - to Hillesden.

That means it should not hinder the house sale (though we regularly meet solicitors who fail to understand this). Refer to the Practice Guide

The question of the debt itself is a different issue - one for the executor or personal representative.

blyth_2

Thank you all for your replies @fatbelly @Tiglet2  @Land_Registry
I feel my solicitor doesn’t understand Form K and only needs to send a certificate of house sale to Hillesden. As she wants to contact them and ask what they want to remove the restriction.
As for the debt, I wonder if Hillesden would negotiate a settlement, as at the moment they are unaware of the house sale. Have any of you heard of this happening?

fatbelly

I've not heard of this happening on a secured debt. It happens regularly on unsecured debt. However I think you're not quite grasping the point.

This restriction should not prevent a sale

The debt, if it's valid, has to be dealt with by the executor or personal representative, and that's a separate issue for which that person may need to take advice

blyth_2

I understand that I can sell the house with the restriction being lifted on completion.
The debt was a credit card debt and secured on the property in 2009, my husband died in 2013. My late husband’s name was removed from the deeds in 2020. I sorted everything after he died, I thought this debt died with him, and it was just a case of getting the restriction removed from the deeds. How wrong I was, I now find myself having to pay £9000 from the sale of my house to Hillesden. I think if I can get the money together I will pay them before the house sale, I don’t want this debt following me

blyth_2

@fatbelly, what do you mean ‘if it’s still valid’?

eggbox

blyth_2

Your soliitor is following the usual line taken of wanting to pay creditors. They do this for THEIR benefit not yours. If you are in a rush to sell then you will, most likely, end up having to pay the debt to secure the sale. But if your not in a rush, simply get a new solicitor who is willing to help. I've messaged you the details of another solicitor who has helped another poster on this thread

tksnota

Are there new legislation about restrictions based on LRA?

Land_Registry

tksnota said:

Are there new legislation about restrictions based on LRA?

Not too sure of the context of your comment. Legislation is laid down by Parliament so ‘new’ legislation around LRA 2002 would be unlikely but you may be referring to something else 

fatbelly

Land_Registry said:

tksnota said:

Are there new legislation about restrictions based on LRA?

Not too sure of the context of your comment. Legislation is laid down by Parliament so ‘new’ legislation around LRA 2002 would be unlikely but you may be referring to something else 

Happy Christmas, Land Registry Rep

Land_Registry

fatbelly said:

Land_Registry said:

tksnota said:

Are there new legislation about restrictions based on LRA?

Not too sure of the context of your comment. Legislation is laid down by Parliament so ‘new’ legislation around LRA 2002 would be unlikely but you may be referring to something else 

Happy Christmas, Land Registry Rep

And to you too - Merry Christmas