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CCJ's on property I want to buy

2

Comments

  • greatcrested
    greatcrested Posts: 5,925 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 27 October 2020 at 1:59PM
    Pay £3 to the Land Registry here and download the property Title. Then tell us what it says. You might as well pay another £3 and buy the Title Plan at the same time.
    It's common sense to do this anyway on any property you are thinking of buying.
  • robatwork
    robatwork Posts: 7,297 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Naughty house not paying its bills!

    Alternatively, someone at the house hasn't paid bills and has either a CCJ judgement, a CIFAS marker, or a charge registered against the property.

    None of these are necessarily anything to worry about but you need to come back to this forum with something more accurate if you want practical advice.
  • Thank you for the comments. I would be a first time buyer and haven't started to look into things at all as yet so I'm not at all knowledgeable on anything. I didn't know there were so many different things there could be as I've never had any bad debt. I'm in no rush and the premises isn't up for sale at the moment but they are looking to sell in the future but I didn't want to bother even considering it if it was a problem. 
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Lenders will place a mortgage charge on the properties title to secure the debt. Standard practice.  

    Suggest you leave the finer points to your solicitor. There'll inform you of what you need to know or be concerned about. 
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you buy it, your conveyancer will pay the charge, if there is one, out of your payment for the property. You then have good title to the property, subject to your own mortgage charge on it. Vendor will receive the asking price, minus the charge, legal fees and EA fees. 
    No concern of yours whatsoever.
    No free lunch, and no free laptop ;)
  • saajan_12 said:
    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. 
    That technique never seems to work so easily on the 'dont pay, we will take it away' type programs. 
  • saajan_12 said:
    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. 
    That technique never seems to work so easily on the 'dont pay, we will take it away' type programs. 
    Have you ever seen an episode of that show where the person approached could prove, 100%, they were not the debtor and still had issues? People can certainly claim to be a different person to try and hide but the bailiffs can use their experience to find stuff like bills that offer proof of the owner or that the debtor is still there, just lying. If you have a driving license in a different name at that address, bank statements, bills etc along with the details of the house sale, they can't do anything about the new occupant and will have to move on.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    saajan_12 said:
    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. 
    That technique never seems to work so easily on the 'dont pay, we will take it away' type programs. 
    The programmes would be somewhat duller if they included all the visits where bailiffs don't find who they're looking for.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    It's Daytime TV.

    "'ello, we're the bailiffs. Are you Mr X?"
    "No, I'm Mr Y. Here's some ID to prove it."
    "Oh, right. Sorry to bother you. Don't s'pose you know where...? No. OK. Bye."

    ...doesn't exactly get further than the cutting room floor.
  • ACG
    ACG Posts: 24,699 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    It could be that one of the owners has a CCJ which has resulted in a charging order being secured against the property.
    This would need to be paid off at the time of completion and it would be the job of your solicitor to ensure that at the time of completion there is only one debt secured against the property - your mortgage. 

    You may still end up having debt collectors knocking at the door if the current owners have a lot of debts they are not paying, but just be polite, have your ID ready and they will go away in time. 
    I am a Mortgage Adviser
    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.
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