Interim charging order on land registry

Allias

Hi, I was just wondering if anyone can help? I have just agreed a sale on my property and a land registry check has shown an interim charging order on the property for Nationwide credit card for my ex husband. The restriction is solely in his name and the property is joint owned. The restriction has been on for 7 years and during this time my ex husband has now gone bankrupt. While no official transfer of ownership took place to me, the official receiver is satisfied that ex has no beneficial interest in property (proof sole payments have come from me) and lifted the restriction it placed. In addition, the statement submitted to the judge during the divorce regarding children and property confirm that the property was to be sold after the divorce and all equity is mine in lieu of child support.

Is there any way this interim charging order (shown as a restriction) can be removed or does anyone know if it will prevent the sale of the house? Ex is completely uncooperative and will not assist in anyway. Thanks

Hoploz

Contact the Land Registry. We had a similar problem, we we're notified that a charge had been put on our home due to a fraudulent transaction by a rogue business partner in our case. We contacted LR with all our evidence that the debt was nothing to do with us and they removed it. So if you can prove the debt is not yours then it can be removed. However clearly your case is not as simple as that as your husband is still on the deeds and it is his debt. Does the debt still stand, or was it wiped out though?

rosyw

A restriction is different from a charging order and does NOT have to be paid when the property is sold. Have a read of this:
https://forums.moneysavingexpert.com/discussion/1839539

Hoploz

Thanks rosyw very interesting thread!

(My husband reminded me that we were able to get the restriction removed as it was within the first 30 days of it being applied)

Allias

Thanks for the replies. I have no idea if the debt still stands as the ex won't co-operate at all. I might speak to the insolvency service and see if they had any response etc from nationwide when they processed the bankruptcy.

Land_Registry

Allias - rosyw has linked you to the relevant thread and I assume that there is a form K restriction in place re the ex's debt.

The key circumstance is where the sale is made by joint owners although you also mention the ex will not co-operate. If he is registered as a joint owner then he will need to co-operate and execute any transfer (sale). If he won't then you may find you need to go back to court to resolve that aspect.

Your suggested lines of enquiry may help and I suspect it may be his lack of co-operation that has sent you down that route. It is though also worth noting that the form K can be overreached in certain circumstances when a property is sold so an alternative does exist.

Allias

Thanks, he is complying with the sale and has signed all relevant documents to that effect but he just will not engage over the interim charging order. I cannot even find out how much it is for as Nationwide obviously won't discuss it with me. Forgive my naivety but on what circumstances could it be overreached and how would this be achieved?

Land_Registry

Allias - it is important to read and understand the wording of the restriction here as that will explain what needs to be done ahead of any sale for example.

A form K restriction means that you have to notify the creditor of the sale. Once the sale goes through then the restriction can be overreached and removed from the register as the new owners are registered.

The thread Charging order - the myth explains this in some detail but your solicitor should be able to explain this to you. The important thing of course is also that the buyer's solicitor understands the process involved.

Allias

Thanks for all your help - I've forwarded the info on to my solicitor so I just need to convince him now.

weimimamma

Hi


Does anyone know how I can obtain a copy of an old charging order as the Land Registry were not much help


Thanks

weimimamma

Hi Allias


Also how did you get on with paying this interim charging order off as I have also seen on the site that you are not legally obliged to do so on completion of a sale what did your Solicitor say on this matter?