CCJ's on property I want to buy

Fls_2789 · 27 October 2020 at 5:50AM

Hi all. I've never had any debt markers etc myself so I'm a bit unsure on certain things and can't seem to find the answer I'm looking for. I'm interested (as a first time buyer) in a house that I know has at least one CCJ against it. The CCJ is at least 5 years old. Does this affect me as the buyer? Or the sale of the property? What does that mean for me? Any help/advice would be appreciated. Thank you.

staffie1 · 27 October 2020 at 5:56AM

I don’t think a house can have a CCJ.

jimbog · 27 October 2020 at 7:07AM

Do you mean it has a ‘charge’ on it?

Davesnave · 27 October 2020 at 7:59AM

Neither a CCJ against the name of the owner or a charge on the property ought to affect a buyer.

CCJ's are against the people who have them, not property..

Charges against a property are paid when it sells. This is before the money (if there is any left) goes to the person(s) who sold it.

AdrianC · 27 October 2020 at 8:07AM

The property doesn't have a CCJ - one of the occupants does.

If a charge has been placed against it, that needs to be settled and removed as part of the sale. It's no different to a mortgage lender's charge.

saajan_12 · 27 October 2020 at 8:33AM

If its a charge against the property, then your solicitor needs to make sure that is removed as part of the sale. Usually it is paid off using the sale proceeds and the charge removed.

If its really a CCJ, then that would be on the occupant, not the address. The most you could have is bailiffs who don't about the ownership change. If they come knocking, you simply ignore or inform them you are the new owner and not related to the debtor.

Fls_2789 · 27 October 2020 at 8:44AM

jimbog said:

Do you mean it has a ‘charge’ on it?

I'm not entirely sure. There is some negative financial mark against the property as that is why a previous sale fell through. I've tried asking for a bit more information but was just told it wouldn't affect me anyway so I don't need to worry about it. It makes sense to me that any such issue lies with the original owners and would be sorted by their solicitor when the sale was to go through. But I'd rather know if that is the case before attempting to start any proceedings etc which could just end up a big waste of money. Thank you.

RelievedSheff · 27 October 2020 at 8:45AM

There is no such thing as a negative financial mark against a property.

Comms69 · 27 October 2020 at 9:12AM

Fls_2789 said:

jimbog said:

Do you mean it has a ‘charge’ on it?

I'm not entirely sure. There is some negative financial mark against the property as that is why a previous sale fell through. I've tried asking for a bit more information but was just told it wouldn't affect me anyway so I don't need to worry about it. It makes sense to me that any such issue lies with the original owners and would be sorted by their solicitor when the sale was to go through. But I'd rather know if that is the case before attempting to start any proceedings etc which could just end up a big waste of money. Thank you.

Without being rude, if you dont know; no-one here could possibly know. It's likely a charge - which technically isnt negative in anyway; and will have no effect. If it's something else you would need to check

davidmcn · 27 October 2020 at 9:51AM

Fls_2789 said:

jimbog said:

Do you mean it has a ‘charge’ on it?

I'm not entirely sure. There is some negative financial mark against the property as that is why a previous sale fell through. I've tried asking for a bit more information but was just told it wouldn't affect me anyway so I don't need to worry about it.

Where are you getting your information from, and what exactly did they say?

Black_Cat2 · 27 October 2020 at 12:50PM

Would add that you can get a copy of the deeds for a few quid from the land registry to see if there is a charging order against the property... if you wanted to be sure.