Charging Order? The myth

eggbox

Can I just ask what the "unsecured" debt was for as you say it was for a "mortgage"? (which just sounds a bit strange)

general_garcia

Well... I may be getting my terms mixed up.

She had a house with an ex-partner, tried to sell when things went sour, he wouldn't sign the documents so the bank eventually repossessed and sold it for them at a vastly reduced amount so they ended up with a 60k shortfall. He's nowhere to be seen and can't be contacted, and they stopped contacting her back in 2009.

They marked the debt as 'satisfied' on her credit report (again back in 2009), she would happily pay a monthly instalment to get rid of it all, but constant advice has been to let them come to her and not the other way round. She's not gone through court for a CCJ or anything yet.

I had just presumed that as the house had been sold, the debt was effectively 'unsecured' at this stage, is that incorrect? Would it affect things either way with a new mortgage arrangement?

I also had one more question, thinking through the tenants in common arrangement. Would we - in theory then - be able to carry through with a regular mortgage in both our names, but bump up my ownership of the house to like 90% or something when it came down to the legal side of things? Would that effectively limit any potential damage in terms of the CO side of things?

eggbox

Yes that would be right and i see how now. But, if the debt is marked as satisfied on her credit report (and NR have stopped chasing) why does she think there is still a debt owed it if they have marked it as satisfied?

As far as I am aware you can have any share amount you want as long as both owners agree with tenants in common.


With regard to the joint mortgage, however, remember your partners requirement to be on the mortgage doesn't mean she has to be registered as an owner on the Land Registry. The mortgage company will only be interested in having your partners details on their records so that is another option.

general_garcia

It's more as a precaution than anything, in case they do resurrect it. She never got to the stage that she was paying anything back, so there is definitely still a debt there. Plus, she had a letter through to her parents house from NR addressed to her ex-partner sometime last year (returned unopened, of course), so they do appear to be poking around the matter in some capacity.

As for the land registry, if it was just my name on there, that'd completely remove any risk for the house whatsoever then? I might suggest that if so.

Thanks again for all your help, hugely appreciated.

poorpet

Just an update to Eggbox who was so supportive about late wifes debts.After a month of waiting and worrying been told by solicitor that her name has been taken from the Land Registry so my name only on there.Hope that this is the end to worries as all her debts were hers alone and unsecured.Thanks for everything,life can get back to normal.:T

eggbox

Poorpet

That's good to hear!

happygolucky777

Well thankyou for sharing the info!
I think my debts will end up on my house, maybe i should get the boyfriend name on the mortgage as i own it.
If it comes to that! Fingers crossed i will pull something out the bag befor!
Thanks

Sparklyfairy

Bumpity bump!:)

migstrike

I was in court yesterday regarding a charging order on a property me and my ex wife jointly own, yes the restriction is only against me and it doesn't affect my ex wife's interest in the property. Fortunately, for now I was successful in having the final order discharged. But get this, when the order was given in July 2012 forthwith I appealed and had the judgement amended to £1 monthly installment payments based on my current income. However, my attempts to pay this company were thwarted, the judgement stated I needed to pay by Oct 1st 2012 then every calender month, because I needed to pay by cheque or DD I emailed them multiple times over the 11 day period and phoned them with no reply as to who to make the payment to. They finally replied at 15.52 on the 1st meaning my payment arrived on the 2nd.... The judge told me yesterday that it was my problem and therefore I have defaulted on the amended judgement and has invited them to resubmit a new application based on my defaulted payment....

Gimbal

Hi, I have been reading this thread with interest over the past couple of days and am hoping someone can help me or give me some advice.

Long story short, I was married and we racked up massive debts, split but I remained in the house (which is in joint names) and continued to make payments as I could.

I was forced (no other option) to go through the bankruptcy courts in 2008 and again managed to stay in the house and continue to make payments on the mortgage and loan that were secured on the property. this has all been fine and no payments have been missed and everything is up to date.

In the mean time, NR and Shoosmiths (for NatWest) placed charging orders on the property as my ex hadn't been making payments.

I now come to sell (with my new partner and young son) and we have been beset with problems.

Originally NR blocked the sale due to the charging order, but after an official complaint and a threat of the ombudsmen, I received a letter saying that as the charge was only against my ex, they had no right to stop the sale and it would be lifted.

The Shoosmiths issue is still causing me problems though.
My solicitor has contacted them about the sale and they want full payment for the balance on completion (which my ex cant pay).

Now I have provided links to this forum and certain posts to my solicitor along with the document from the London solicitor (I forget the name) and relevant passages from the land registry web site.

this morning she has emailed me to say that she cant go ahead until Shoosmiths give the go ahead and that she has checked with the land registry and they have confirmed that a RX3 or 4 will need to be signed by the creditor before they can do anything.

This seems to contradict what has been written here and I'm feeling fairly lost.

this coupled with the fact that my ex has now been advised by the CAB to not sign the agreement of sale papers until Shoomiths tell her that it ok to, have left me wondering what to do next.

I cant change solicitors due to complications with the lenders so I have reached an impasse.

The only good thing to happen today is that my solicitor has asked if she can forward my research on to the sellers solicitor (working for a major builder of new homes) for them to look over.

Please help.