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Old Charging Orders
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1canshortofasixpack
Posts: 83 Forumite
Hello
We are in the process of trying to sell our house. When I say trying, we actually had an offer that we accepted back in November 2024. The issue now is that our solicitor doing the conveyencing says the only thing holding everything up is 3 charging orders that I had back in 2009. They have managed to connect with one of the companies but the other two have gone out of business or changed hands. One of these companies is DG Solicitors acting for HSBC the other is Howard Cohen & Co acting for CL Finance.
The back story to this is myself going bankrupt back in 2010, which I wrote about on here and received great advice. That led to me keeping the house but going interest only on the mortgage, that mortgage has come to the end of its term in the middle of Covid but now the mortgage company understandably want their money. They issued a court order last year, hence us selling up to downsize and clear the debt.
Thank you in advance for your help.
We are in the process of trying to sell our house. When I say trying, we actually had an offer that we accepted back in November 2024. The issue now is that our solicitor doing the conveyencing says the only thing holding everything up is 3 charging orders that I had back in 2009. They have managed to connect with one of the companies but the other two have gone out of business or changed hands. One of these companies is DG Solicitors acting for HSBC the other is Howard Cohen & Co acting for CL Finance.
The back story to this is myself going bankrupt back in 2010, which I wrote about on here and received great advice. That led to me keeping the house but going interest only on the mortgage, that mortgage has come to the end of its term in the middle of Covid but now the mortgage company understandably want their money. They issued a court order last year, hence us selling up to downsize and clear the debt.
Thank you in advance for your help.
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Comments
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You either need to track down wherever the debt now is or have proof that they have been cleared that you can apply to the Land Registry to have the charges removed. @Land_Registry may be able to advise further.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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First things first though as you say 'WE' are selling so are there joint owners and 3 charging orders (form K restrictions) on the register against you as an individual?
If so pop over to the Charging Order - the myth thread on MSE and have a read“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"2 -
Your solicitor will need to contact them for redemption figures and settle them or arrange for them to be removed as appropriate in order to complete the sale.
A quick Google search finds DG Solicitors, telephone 0121 455 2142 and similar for Cohen Solicitors brings up a telephone number of 01249 596599. Have you tried these already?0 -
Definitely listen to land registry and check if they are form K restrictions because if so you do not need to pay them off. It really depends if the house was jointly owned when the "charges" were added.
What do the changes say?0 -
Both HSBC and CL Finance still exist. The solicitors they used may well not.
Presumably you are aware of what lies behind these charges and why they were registered originally.0
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