Charging Order? The myth

eggbox

Tksota

Can you have another go at asking your question as it's not quite clear what you're asking?

weimimamma

`Hi there just looking for some advice.   My husband from an old business venture about 15 years ago has a few restrictions placed on our property.      I don't have copies of most of the details from the court, a lot of which were never received.  We are looking at how we can get rid of these restrictions and have previously some years ago tried to sell our house to pay off the debts but as with a lot of these despite our solicitor being well versed on restrictions the other party got cold feet and pulled out so we decided to stay put.  I have a list of the restrictions from LR and used this some years ago to write to all parties for settlement figures but hardly any of them got back to us and the couple that did would not take less.  I want to know how I can go about finding how much is owed on each restriction.   I even tried writing to the courts  directya few years ago to ask for copies of the paperwork but got no replies.   Feeling a bit stuck and want to address these so that if anything happens to us our kids don't have this hanging over them  but can't seem to find out any details.  Any suggestions on how to move forward would be appreciated.

rbuck

Hello, I am looking for some advice. If it has been several years since an restriction has been placed (2019) and the property title shows as an interim charging order (joint owners), does this have any benefits over a final charging order and why would it not show as final? When the CCJ came through a small token payment was arranged and has been maintained, since then.

Also wanting to know, is it possible to add someone to a mortgage without seeking permission from the debtor that placed the restriction who has the interim charging order? Any help is much appreciated. Many thanks

Land_Registry

rbuck said:

Hello, I am looking for some advice. If it has been several years since an restriction has been placed (2019) and the property title shows as an interim charging order (joint owners), does this have any benefits over a final charging order and why would it not show as final? When the CCJ came through a small token payment was arranged and has been maintained, since then.

Also wanting to know, is it possible to add someone to a mortgage without seeking permission from the debtor that placed the restriction who has the interim charging order? Any help is much appreciated. Many thanks

Eggbox is best placed to advise but from a purely registration perspective an interim and final order are essentially the same thing as they protect the same ‘interest’ (debt) so it’s the interim that usually triggers the register update. Whilst some creditors may apply for a final order they very rarely seek to update the register as there’s no need if the interim has been used already. 

If by ‘adding someone to the mortgage’ the two of you enter into a legal deed with the lender then you’ll need to comply with the restriction if it’s then going to be registered. You don’t need the creditor’s permission and the restriction wording confirms 

eggbox

weimimamma said:

`Hi there just looking for some advice.   My husband from an old business venture about 15 years ago has a few restrictions placed on our property.      I don't have copies of most of the details from the court, a lot of which were never received.  We are looking at how we can get rid of these restrictions and have previously some years ago tried to sell our house to pay off the debts but as with a lot of these despite our solicitor being well versed on restrictions the other party got cold feet and pulled out so we decided to stay put.  I have a list of the restrictions from LR and used this some years ago to write to all parties for settlement figures but hardly any of them got back to us and the couple that did would not take less.  I want to know how I can go about finding how much is owed on each restriction.   I even tried writing to the courts  directya few years ago to ask for copies of the paperwork but got no replies.   Feeling a bit stuck and want to address these so that if anything happens to us our kids don't have this hanging over them  but can't seem to find out any details.  Any suggestions on how to move forward would be appreciated.

Posters on here have demonstated time and time again that trying to gain a settlement figure, when there's no response from a creditor, is virtually impossible. Courts also don't keep records beyond a short period, so they're of no use, either.

But the good news is that you can, as you previously tried to do, sell up without settling the debts upon sale. A recent Court case (as noted by LLR a few posts ago has also, it would appear, now ruled that solicitors aren't being dishinest if they don't pass on the proceeds to creditors upion sale.This should, hopefully, put an end to the dithering solicitors who are overly concerned about their own skin.

PanPen

I think I saw th answer to this in this thread but wading back I now can't find it.  

If you get a broker to secure you a remortgage with the same lender and borrow no extra money, so lender still has the first charge, is this still meaning you would have to settle these?

eggbox

It's all dependant on whether the first charge mortgage you have, has provisions for further lending. Most have so it shouldn't be an issue. 

PanPen

eggbox said:

It's all dependant on whether the first charge mortgage you have, has provisions for further lending. Most have so it shouldn't be an issue. 

I wouldn't be wanting extra lending, just a cheaper deal?

eggbox

PanPen said:

eggbox said:

It's all dependant on whether the first charge mortgage you have, has provisions for further lending. Most have so it shouldn't be an issue. 

I wouldn't be wanting extra lending, just a cheaper deal?

Further lending means if the original loan allows for further lending on top of what you originally agreed

weimimamma

Egg box thanks for the response. How do we stand if we wanted to pay the debts but they don’t respond to the solicitors when going through the process. Would the solicitors then know what to do to get the sale through ?