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Charges against property

Hello

I am hoping someone can help....

I have just had a look at the Land Registry against my flat that I jointly own with my sister.

It is showing up that there are charges against it. I have not had any CCJ's so I can only guess that these are my sisters or on there incorrectly.

How can i find out who they belong to and why they are on there?

I was hoping to sell the flat, but there is not any equity in it, so no chance of paying these off. Am I liable for the debt if it is not mine and what on earth do I do???

Surely as a joint owner, i should have been informed of any such charges against what is my home?

a very worried and confused person x
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Comments

  • kingstreet
    kingstreet Posts: 39,444 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The Land Registry write to all the owners of a property if a charging order is awarded against them. AFAIK you can't charge a jointly owned property if the debt is in a single name.

    Who are the creditors?
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • picklepick
    picklepick Posts: 4,048 Forumite
    1,000 Posts Combo Breaker
    What charges are they?
    Do you have details of the lender who has made the charge?
    What matters most is how well you walk through the fire
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You don,t have a mortgage on the property do you ?
  • antrobus
    antrobus Posts: 17,386 Forumite
    claire0781 wrote: »
    .....I was hoping to sell the flat, but there is not any equity in it,...

    Well that's one charge.
  • Thank you for your quick responses.

    I have a mortgage on it - so my guess is that is the charge from the lovely people at Santander and I also have the following:

    (30.01.2008) REGISTERED CHARGE dated 16th January 2008

    (08.02.2008) Proprietor: SANTANDER UK blah blah blah (the mortgage so was expecting to see this one!)

    (03.04.2008) Charge dated 26 march 2008 in favour of Welcome Financial Services Limited

    There is also a restriction on the Title Absolute with an interim charging order against my sister (there is more info i.e court dates and addresses etc but did not want to bore you guys!)

    Its the other two charges and the thing against the title absolute that concerns me....
  • picklepick
    picklepick Posts: 4,048 Forumite
    1,000 Posts Combo Breaker
    Sounds like you need to have a chat with your sister to me!
    A charge can be put on a jointly owned property but only on the share that belongs to the debtor.
    What matters most is how well you walk through the fire
  • kingstreet
    kingstreet Posts: 39,444 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would guess that your sister has taken out a secured loan with Welcome FS and not told you. You would be unable to sell the property without paying off this loan, or remortgage without first obtaining the lender's agreement to postpone the second charge.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • I think it will be more than just a chat!!

    Lets just she moved out weeks after buying the place and left me with the mortgage in the first place and now this.......

    argghhhh!!

    any ideas on how i find out about the other two charges though??
  • Land_Registry
    Land_Registry Posts: 6,311 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Details of the charging orders will be held by the court(s) as named. The Land Registry is unlikely to have any further information and you should either contact the court, the person(s)/company named or your sister.

    As kingstreet correctly states a notice is likley to have been issued when these entries were made but it is important to note that they would only be issued to the address as stated on the register itself, namely that shown in the Proprietorship register.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Catti
    Catti Posts: 372 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    claire0781 wrote: »
    Thank you for your quick responses.

    I have a mortgage on it - so my guess is that is the charge from the lovely people at Santander and I also have the following:

    (30.01.2008) REGISTERED CHARGE dated 16th January 2008

    (08.02.2008) Proprietor: SANTANDER UK blah blah blah (the mortgage so was expecting to see this one!)

    (03.04.2008) Charge dated 26 march 2008 in favour of Welcome Financial Services Limited

    There is also a restriction on the Title Absolute with an interim charging order against my sister (there is more info i.e court dates and addresses etc but did not want to bore you guys!)

    Its the other two charges and the thing against the title absolute that concerns me....

    The first two are actually one charge - your mortgage. The third and the restriction sound as if they might both relate to a debt your sister has with Welcome Finance and they have put a charging Order on the property because she is not paying.

    This will be against her share of any proceeds. If there are none, they will not be able to enforce their security.
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