CCJ - Charging order question

MovingForwards

If the wife and the mortgage lender are both listed that's who you need to name.

When a mortgage is paid off the deeds get updated to remove the lender, providing the home owner(s) paid the redemption fee to the lender.

StanleysMama

so should i putthe company stated from 2006?? i cant find out who current provider is (if different to 2006 one) anywhere on internet / CAB etc.


thank you!

MovingForwards

It will be the name that's listed on the current title deeds.

Mortgages can be taken out for upto 40 years and if a remortgage with a different lender had taken place their details would have been on the deeds.

If a second mortgage was taken out, with the first one ongoing, both the lenders would be on the deeds.

StanleysMama

MovingForwards wrote: »

It will be the name that's listed on the current title deeds.

Mortgages can be taken out for upto 40 years and if a remortgage with a different lender had taken place their details would have been on the deeds.

If a second mortgage was taken out, with the first one ongoing, both the lenders would be on the deeds.

Thank you!!


I completed the form and posted the day of your response. I've just called the helpline and they said I should geta call form the court sometime tomorrow to make the payment for the application (another £110!).


Really hoping I can get a charging order in place before the sale completes (no idea when it is due to happen but assume imminently as it sold at the end of october).


There doesnt seem to be much info on the internet for a claimant in this situation, mostly directed towards the defendant....


Any advice on the next stages?? questions i am looking into now:


1. how / when will the court get in touch after i have paid the application fee?


2. does the interim order delay the sale completing (sure i read somewhere it means they would have to wait to h ear if a final charge was made before it completes)


3. how do i register the charge (briefly looked and forms seemed to be for mortgage providers)


4. do i need to give a copy to the defendant and the joint owner (wife / soon to be ex-wife who was listed on the title) - what do i say when i give it to them? or do i just post it (happy to do face to face).


5. i read something online that said "The White Book urges judgment creditors to apply for a non-standard restriction under section 46 of the LRA 2002 at the hearing to consider whether or not to make the interim order final. Standard Form Restrictions are entered into the Register by the Registrar under section 42 of the LRA 2002. Section 46 grants courts the power to require the registrar to enter a restriction and it is open to the judgment creditor to suggest a form of words that would require certification by an applicant for registration that he had given notice of the proposed transfer 14 days before the date of the transfer, thus giving the judgment creditor time to consider what he wants to do to protect his position. In those circumstances the judgment creditor could insist that the judgment debtor’s solicitor give an undertaking on his client’s behalf that the debt (or some of it) will be discharged out of the proceeds of sale or face the prospect of an application for an injunction stopping the transfer going ahead." Obviously i dont want to go through all of this and still not get the money owed as stated in the CCJ. Any advice??


I am searching the internet for answers to the above (please don't think i'm being lazy by asking these, just hoping someone might be able to explain in quite simple terms!).


many thanks again

DoaM

The House Buying, Renting & Selling Board might be a better place for questions like this, or The Mortgages & Endowments Board.

StanleysMama

thanks, i've now posted on both of those but not much luck yet around how likely it is to be successful. fingers crossed. i will update the thread in due course. wish me luck!