Mint secured a Charging Order and a Restriction with Land Registry and then sold the debt.

michellechick

Hi. Mint secured a Charging Order over 12 years ago and put a Restriction on our property deeds with Land Registry. Mint have since sold the debt to another company. What happens to the Charging Order? Is it automatically transferred to the new company as they have offered us a partial settlement but did not mention the Charging Order. We are hoping to sell our house soon and would like to get rid of the restriction before then.  How do we go about doing this? Any help would be greatly appreciated.

sparelogin

It will now be with the new creditor.  

If you can agree a partial settlement, ensure it includes the removal of the order.

Land_Registry

michellechick said:

Hi. Mint secured a Charging Order over 12 years ago and put a Restriction on our property deeds with Land Registry. Mint have since sold the debt to another company. What happens to the Charging Order? Is it automatically transferred to the new company as they have offered us a partial settlement but did not mention the Charging Order. We are hoping to sell our house soon and would like to get rid of the restriction before then.  How do we go about doing this? Any help would be greatly appreciated.

Is the charging order against both of you or just one? If the latter is it a form K restriction? If it is then selling may overreach it - look for Charging order - the myth thread on MSE 
You can still look to settle the debt/get the creditor to remove it though so if there’s a new creditor, you settle the debt and they apply to withdraw the restriction using a form RX4