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Remortgaging and charging orders

MissCaz12 · 2024-04-08 17:50:34

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…

Comments

Land_Registry Posts: 6,167 Organisation Representative

9 April 2024 at 2:19PM

To cancel form K restrictions, so registered to protect a charging order against one of joint owners, you’ll need the creditors to discharge the debt or the court to dismiss the order.
The overreaching you are then referring to, namely notifying them of a sale/purchase, isn’t the same and a transfer from the two of you to just you won’t overreach the restrictions. And your new lender won’t secure the loan with the restrictions still in place.
I’d recommend seeking legal advice as to what options you have

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