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Charging Orders and Remortgaging
MissCaz12
Posts: 10 Forumite
Not sure I have the right section! Anyway
Years ago my ex had three charging orders placed on our house at Land Registry. We jointly owned the said house at the time. Let's fast forward a few years! He was made bankrupt not too soon after the said orders were placed on the house so I bought his beneficial interest off the Trustee. I have now finally got a remortgage in place and have tried unsuccessfully to transfer both the house into my sole name and add the new mortgage despite writing letters to the creditors! I cannot get a response and the LR will not accept what evidence we have. I have the notice to the creditors stating I bought the beneficial interest. Do I have to accept defeat and sell the house? It is worth a small fortune now so I don't really want to sell I want to remortgage!
Years ago my ex had three charging orders placed on our house at Land Registry. We jointly owned the said house at the time. Let's fast forward a few years! He was made bankrupt not too soon after the said orders were placed on the house so I bought his beneficial interest off the Trustee. I have now finally got a remortgage in place and have tried unsuccessfully to transfer both the house into my sole name and add the new mortgage despite writing letters to the creditors! I cannot get a response and the LR will not accept what evidence we have. I have the notice to the creditors stating I bought the beneficial interest. Do I have to accept defeat and sell the house? It is worth a small fortune now so I don't really want to sell I want to remortgage!
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Comments
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Have the creditors been paid by the trustee?Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)1 -
Are they form K restrictions and did you pay market value for your ex share?
How did you notify the creditors?
Do you have a copy of the wording of the restrictions?0 -
speak to the insolvency serviceDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.1
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MissCaz12 said:The Trustee does not exist any more - the charges are still there so they didn't. chanz4 said:
What do I say?speak to the insolvency service
The issue is if you buy a house with changes on the title if they are not removed before completion they become your issue (not as in you have to pay them) as your not able to register your property with them on there. Normally they are paid or overreached.MissCaz12 said:The Trustee does not exist any more - the charges are still there so they didn't. chanz4 said:
What do I say?speak to the insolvency service
I would consult your solicitor as see your thread on the other page and my comment.0 -
what is "overreached"?
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That's what they call it when the form K restrictions fall off on registration of the owners, providing the restrictions have been complied with.MissCaz12 said:what is "overreached"?
Did you see land registry response on your other post? Looks like you need to physically get the restrictions removed.0 -
Ok thanks. I am still not sure how to do this without paying them off as we get letters returned.0
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Did you see the land registry reply? Seems like your options are go to court to have them removed or to pay them unfortunately. The process you are trying to go isn't applicable unfortunately.MissCaz12 said:Ok thanks. I am still not sure how to do this without paying them off as we get letters returned.0
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