Charging Order? The myth

eggbox

shazz5555 wrote: »

I just need to get my !!! into gear and go back to court asking for the house to be put in my name.

shazz5555

It would be really interesting to see what happens to the Restriction on the Land Registry, if you do manage to get the house to be put in your sole name, as this is one of the areas I couldn't quite get an straight answer out of the Land Registry Solicitor?

Whilst she was happy to confirm that if the property was sold to a third party for "value" then the Restriction would (usually) automatically be removed, she wouldn't be drawn on the scenario of a transfer as she said it would be giving advice she was not allowed to do?

I have read this action would be "blocked by ther creditor"or "you can't transfer to a relative" but I haven't seen anything "official" stating it can't be done? So perhaps it just needs to be tested?

dawnyp64

Hiya!..well,heres the update...after having to pay the mortgage co another £25 for another redemption figure,my solicitor has asked NR for their formal written undertaking to submit the RX4 on reciept of the balance.
It looks like completion will take place next Friday!....normally at this point i would give a mighty''woooooohoooo!!!'', but as you all know by now,nothing can be taken for granted!!...il keep you all posted,tho x

Sparklyfairy

Ahh Dawny, that's (potentially) great news! Fingers crossed for you it will all go ahead & this nightmare will be well & truly over! x

eggbox

Dawny

It does look as though things are going your way but can I just ask whats going on with your buyers side of things regarding his mortgage offer?

I'm only asking because (as I understand it) your Solicitor is asking NR to remove the Restriction on receipt of your Ex's equity which would mean AFTER a sale has happened? (which you then won't need, anyway, because at that stage the Restriction will have become over reached and will have to be removed anyway.)

As I said before, don't assume everything is ok or understood until you have checked it is ok!

dawnyp64

Hiya again..
thankyou Sparklyfairy..fingers crossed!!
And Eggbox..what i put in the last post is all i know.Im going to contact my solicitor tomorrow to double check everything is going to plan,cos believe me,i never assume anything now..not after whats happened.I havent been given a direct answer when iv asked my solicitor the question re the restriction being removed BEFORE the sale...so thats my question tomorrow. Il post what he says in response tho..

dawnyp64

hiya again..heres yesterdays email from my solicitor:
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]''An agreement was reached last Friday with the buyer’s solicitors that they would accept our undertaking to have the restriction removed on completion. I have in turn received written confirmation from NR to confirm that on receipt of the balance they will undertake to remove the restriction and lodge the necessary forms with the land registry.[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]The buyer’s solicitor is happy but I have just left a message with them to ask that everything is on track. As soon as they call back I’ll send you a further email.''....he didnt.[/FONT][/FONT]

[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]now,i dont know how it stands with the rest of the debt that remains,and thats up to the ex and NR,but i still believe this was all done wrongly and jeopordised the whole sale,which is why i will put in a complaint.There were guidelines,rules and regulations that werent followed so i think that still needs to be addressed.[/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]However,hopefully tomorrow will see an end to it all and il finally be rid of one almighty pain in the rear.......the ex!!! whoop![/FONT][/FONT]
[FONT=Times New Roman,serif][FONT=Calibri,sans-serif]fill you all in tomorrow,if im not back on here later x[/FONT][/FONT]

eggbox

Dawny

Any outstanding debt reverts back on to the CCJ NR had to obtain to proceed with a CO in the first place. But from what you have said about your Ex its a fair bet NR can kiss any future money goodbye. Non of that will be your problem, happily however, and you can hopefully move on!

You are right to address the Solicitors behaviour and if you are going to make a complaint I would like to help. This is because I have contacted the SRA during your problem, regarding Solicitors refusing to proceed as in your case, and they have all but blanked me?

So it does need pursuing if you are up for it?

dawnyp64

hi Eggbox...well,its done and dusted,,the house is sold and i have my share of the equity!!...(even though they did NOT follow any of the guidelines and pretty much disregarded all the info put before them).
I will be looking at logging a complaint,i think,mainly because of how the situation was handled,by both solicitors.
May have to leave it a week,as iv some other things i need to sort out and im back to work,after sickness,but will def be in touch...but you say the SRA blanked you? why would that be when theres an obvious issue going on here?..

terryw

dawnyp64 wrote: »

hi Eggbox...well,its done and dusted,,the house is sold and i have my share of the equity!!...(even though they did NOT follow any of the guidelines and pretty much disregarded all the info put before them).
I will be looking at logging a complaint,i think,mainly because of how the situation was handled,by both solicitors.
May have to leave it a week,as iv some other things i need to sort out and im back to work,after sickness,but will def be in touch...but you say the SRA blanked you? why would that be when theres an obvious issue going on here?..

So pleased dawny. Good for you.

Just take your time with your letters of complaint. No text-speak and perfectly typed. Show them that you are serious.

If you like, put samples of suggested letters here so that they can be checked over - many hands make light work.

Once again, good for you.

bw

terryw

eggbox

Well done Dawny! No problem about taking your time regarding the SRA, either!

I just received a generic response from the SRA saying they couldn't give legal advice (I don't think what I requested was seeking advice but there you go)? I will be writing them a letter later this week and I can use your experience to ask their opinion to get the ball rolling.