Charging Order? The myth

inseveralpickles

Hi all,

Just thought I would update you all we have been having the same issues as Gimbal back and forth, however after much perseverance by our solicitor it looks like the buyers solicitors have now listened and understand that the restrictions apply only to the individual so to speak and therefore will be removed on sale subject to necessary form completing. It helps that one of the restrictions agreed to settle for a reduced sum on completion and wrote to buyers solicitors confirming that they will remove restriction. the second restriction have not responded to a reduced offer despite several letters and emails from our solicitor, so they have been fully informed of the sale, she has advised that if they do not respond then they do not get paid!!

The buyers have paid there deposit to their solicitor and our contracts have been signed, they are awaiting a letter from our solicitor today with her undertaking that the restriction outstanding will be taken off Land Registry on completion and apparently then we are to exchange!! I am not holding my breath as they could come back with more demands but it appears it may be happening, but our solicitor has been absolutely fantastic in getting the buyers solicitors to understand the LAW on this matter. I will update you all again if matters progress

eggbox

Thanks for the update and please let us know the final outcome.

rosiesposies

OH has been served papers advising that RBS is going for CO on the former marital home (she currently resides in) in respect of his and his ex joint current account o/d, in excess of 5K. She is the only one named on the papers, he is listed as other party.
house is in joint names still and they have not settled divorce finances..however this is the ONLY bug bear as the majority debt was run up post separation and she has been saying he should pay half of this off.
It now appears that possibly the original account agreement was with her only and he was added later.
does he have to worry about this? he will not see a pence from this house ie a mesher etc so should he just let them get on with it?

eggbox

rosieposies

If he was added to the account (at any time) he is "legally" responsible for the debt. Whether they chase him or not is a different matter.

However, if they are getting divorced it's possible to get any action suspended until the financial agreement relating to the divorce is settled. But this need to be done quickly as it can't be undone after a Charge is made. They will need the aid (expense) of a Solicitor to do so, too.

eggbox

Office of Fair Trading information release worth knowing especially if you are with Natwest/RBS HERE

fermi

bump for link

crystal_clear

I have a quick question if anyone knows the answer.

My Aunt has recently died leaving my uncle in a mess not knowing anything of any debt and she has no estate to sort.
They jointly own out right the property he lives in.
having checked the land registry to confirm i find there are 2 intrim charging order restrictions in her name.

can anyone tell me if i can have the property deed changed to his name only as the surviving spouse and or how to go about having these restictions removed if possible without him having to pay her debt from his pension.

many thanks in advance
crystalclear

eggbox

crystal clear

It may help to have a read HERE but check back here before contacting any creditors as Solicitors advice isn't always to your benefit.

crystal_clear

I think i have almost confirmed so far that the 2 restrictions on the deeds for interim charging orders are still only restrictions they never went to final orders.

My question is now how to proceed .... these 2 companies 1 of which 2008 have phoned Uncle and he informed them on phone of her death ..... Am i correct in assuming that if both are still active (i Know the latter is but the 1st 2006 one I am still trying to clarify) they cannot take my Aunt back to court now to make final as she is deceased.....

Is there a correct way to get these removed with confirmation to give to land registry so the house can pass full ownership back to my uncle as would have been automatic if the 2 restrictions hadnt been on the deeds ?

crystalclear

eggbox

crystal clear

If you have read this forum through you should be familiar between the differences between Solely owned and Jointly owned property and how they affect how a Charging Order can be registered.

As your Aunt/Uncle's property was jointly owned, any debt due would have only ever been claimable from your deceased Aunt's share of any equity in the property had she been alive. And if your Uncle and Aunt were "joint tenants" (as opposed to tenants in common) which is the usual arrangement for married couples; then her share of the property automatically passes back to your Uncle without the need for probate.

So the creditor is pretty much stuffed now as the "asset" upon which the CO was made no longer exists. So a Solicitor should be able to register your Uncle as the Sole Owner at the Land Registry and the Restrictions should be able to be removed as they are now "over reached".

So I would contact a Solicitor to explain this but come back here if you aren't given this info.