~NRP~ Help Needed Desperately!~

kelloggs36

It costs £4 to get details from the Land Registry - not £20 at all! The info shows all charges relevant to that property.

shell_542

It looked to me like Romanempire was saying it costs approx £20 for the OP to get a charge on the property if after paying approx £2 for the land registry info, they discover there isn't one on there.

bdt1

Ok Didismump - go onto the Land Registry website, you will need to register with them first, set password etc, then for a fee of £4 (Kelloggs was spot on) you will be able to search a property, you will be privvy to who property is mortgaged to, and whether there are any charges on the property.

As others have said, the mortgage lender is always the first charge (or account paid up in case of sale), if as you say your documents are correct, then you will also be listed as a charge (the 2nd). It will then be a 3rd charge on the property if CSA make this move.

They will probably do it at some stage irrespective of whether there is any actual profit they can gain at this point, they seem to get the charges on property first, then some way down the line after all other routes exhausted, look at force of sale and actual profit margins etc.

The CSA have a charge on our property for just over £32,000, we have just won our appeal, and looking at figures Triunal have told CSA to use to correct the assessment, we anticipate our arrears will actually be around £1,500 (if even that), thankfully the Judge wants copies of all CSA correction of assessments, to include an up-to-date accurate arrears figure, he then wants us to comment on their figures, and again, be privvy to all info, so sounds as if the Judge is supporting us thankfully - but having the Judge seen all of the mistakes in our case - we not surprised, I think even he was amazed by them.

Thing is, as CSA have charge, and NRPP is 50% owner, the NRP wouldn't scratch anything from sale of the property, there's next to no equity in it anyway - but hey they get charge anyway, suppose they hoping the market might pick up

romanempire

shell_542 wrote: »

It looked to me like Romanempire was saying it costs approx £20 for the OP to get a charge on the property if after paying approx £2 for the land registry info, they discover there isn't one on there.

Thankfully somebody took the trouble to read my post properly.

Its a couple years since I last looked at the Land Registry when I was looking at ways to stop my ex swindling me out of my home. So the fees mentioned were off-the-top-of-my-head! The clue was in the use of the words "about" and "approx.".

So £2 is not that far off £4 (still in single figures)

and

£20 is not that far off £50 (still only in double figures) which the Land Registry 'Online Fee Calculator' gives for "Charge – application where the charge secures an obligation or liability contingent upon the happening of a future event".

So don't panic :eek: and read the words that are actually on the page.

R.

Didismump

Got onto Land Registry..(£4)...then found that whilst there IS a charge for when we almost lost the house to repossession in 2005.. there is nothing in my name..DAMMIT!!!
So...got onto the Solicitor who wrote the Declaration Of Trust..and even she was unsure why it was not there, as it states quite plainly in the DoT as you can see....
So...she is looking into it as a matter of urgency and told me it MAY cost (another) £50 to place the charge IF I did not pay for one to be placed in 2001 along with the DoT...

MORE money..and the problem is I am STILL unsure that even IF I get a written charge against our home (Solicitor is QUITE sure that it SHOULD have gone through in 2001...hence she is looking into speaking with the Land Registry today) how do I stand against the CSA wanting their cut...

As far as she(Solicitor) is concerned it DOES go in chronological order..and so the mortgage companys charge would be first..then mine...then the CSA's..
BUT...she is not 100% sure of that simply as she does not deal with CSA matters and does not know what powers the CSA hold over preferential 'stakes' against my DoT..
Any ideas...anyone??? ( Maybe Kelloggs would know???)...Kelloggs????

kelloggs36

Any property that is legally yours, is taken out of the equation, so if there were 30k equity after mortgage paid and you owned 50% of the property, then there would only be 15k to pay off any debt - if the debt is higher than that, there would be no order for sale.

Didismump

So we may be stuffed then as the Debt now apparently stands at £11,885.81p ( even though its £30,000.??p really...(SO goddamn confusing..:S)....BUMMER!!!
AND the house is not in my name either..only my OH's..
I just have the DoT....which seems to stand for nothing...:(
OMG...I keep thinking of ALL these things...With both of us being disabled the thought of having to loose our home,sell up and clear out scares me witless...:(..What CAN we do????

romanempire

Stop panicking

If I recall correctly (and I'm blowed if I'm going to reread this thread at this hour) the CSA have not got to the point of getting a charge on the property.

So get your charge registered and at least your share is secure. :cool:

R.

bdt1

Try to look at things logically, the LO hasn't even been granted yet, if there are grounds for the figure to be disputed then it is possible to have the hearing/case adjourned pending presentatin of evidence (SL told us so when it happened to us). I remember him stating that had we gone to hime prior to the LO being granted then we possibly may not have been in scenario where charge was in place etc etc. But SL is very costly (we started with him then went it alone after nearly £1000).

If I were you, for £50 get the charge registered to protect your home, it matters nothing that property in his name, and believe me being disbled matters not a jot (I'm not disabled but been through same - I'm more than aware it's a terrifying situation). Go back to NACSA and ask their advice regarding the sitauation with the charge, and then if you still have no firm answers that's when you panic a bit - not now, you can control certain elements at the moment, the panic surely occurs when things are out of your control. Enablement is power, use all of your energies to fight this, not to freak at the stress it's causing, you CAN have the charge put in place, so you can protect your interest in the property, the LO, CCJ , charge hasn't happened yet and neither have the bailiffs, deal with what is on your plate now, small steps are tomorrows giant leaps - plan ahead but deal with things one at a time

kelloggs36

If there isn't even an LO, you are a LONG WAY from a charging order! Honestly, it is the last resort and they will try all other options first.