charge on house

pixie31

My ex husband hasn't paid some debts that he had, so it has gone to court and because he is still on the mortgage they have put a charge on my house. I am due a baby in two weeks with a different partner and I am just wondering if my mortgage company will still allow me to have a 6 month maternity mortgage break, or because this is now on my house they will refuse? Also will i have to pay anything monthly to this debt?

Thanks in advance!

holly_hobby

A charging order has been sought, and apparently placed, as your ex is still party to the mortgage/deeds and did not adhere to CCJs on his os debts.

I have to be honest, a charge should not be granted on a jointly owned property, if debts are singular i.e in this case just his name. (unless this was a secured or joint loan ?)

If a single named or non-secured loan, are you sure that it is actually a charging order that been granted, and not a registration that has been lodged with Land Reg ?

With regards to the charging order or registration of interest - this will come in to effect when you sell the property, it means that after repayment of your os mge to the mortgage lender, any remaining capital will be used to firstly repay the OC whom registered the charging order/registration, and then the remainder is apportioned to the owners.

It should not really affect any application with regards to your maternity break - your mortgage and repayment history will dictate this.

If the charging order has been incorrectly applied (re above) it would be wise to take action in having this removed.

Hope this helps

Holly

pixie31

thanks holly,

Yes its entirely a debt in his name, all his doing, and he pays nothing towards the mortgage, and the letter says its a final charging order, came through yesterday.
Can you explain this bit to me by any chance:

the charge only attaches to Mr ****** interest, if any, in the subject property. If he has no such interest then in reality the charge will be of no effect. An instalement order has been granted, alongside the charge, per Mr ******* final breakdown supplied after the interim charging order had been made.

Sorry just confused!

holly_hobby

Thats ok - its a registration against his interest only - which is justified.

In essence, the debt will only be applied to his personal share of any net proceeds from the property sale, with your own interests unaffected.

Hope this helps

Holly x