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  • FIRST POST
    lpe2012
    Restriction against the land - can they force sale of house?
    • #1
    • 19th Dec 12, 10:50 PM
    Restriction against the land - can they force sale of house? 19th Dec 12 at 10:50 PM
    Hi
    I'm new here, so any advice is gratefully received. I own a property that I lived in briefly then rented out as it was not big enough for me and my family, so we moved into a larger rented house ourselves. I have a debt for 7.5k that I had been making regular payments on for a long period of time, then we got into some difficulties and were unable to make the payments. The long and the short of it is that I've just been round to house today and there was a pile of letters from the creditor, court and land registry, the latter being a Notice of Application to register a restriction against the land.

    My question at this point, not being in a financial position to clear the debt, is can they force the sale of the house? Is this possible? If it is possible, is it likely, given that when we bought it 6 years ago we had a 95% mortgage and the 5% we owned has most certainly disappeared now. This being the case, even if they could, there would be no point, right? The mortgage company would have first dibs I assume.

    Like I say, any advice is gratefully received.

    Thanks
Page 1
    • paddedjohn
    • By paddedjohn 20th Dec 12, 12:01 AM
    • 7,259 Posts
    • 7,904 Thanks
    paddedjohn
    • #2
    • 20th Dec 12, 12:01 AM
    • #2
    • 20th Dec 12, 12:01 AM
    Looks like they are trying to put a charge on your property.
    Be Alert..........Britain needs lerts.
    • agrinnall
    • By agrinnall 20th Dec 12, 9:01 AM
    • 22,818 Posts
    • 18,842 Thanks
    agrinnall
    • #3
    • 20th Dec 12, 9:01 AM
    • #3
    • 20th Dec 12, 9:01 AM
    As the big display at the start of the board says they are now closed for review, so don't expect any response from CAB. I suggest you post on the main housing board instead.
    • terryw
    • By terryw 20th Dec 12, 9:06 AM
    • 3,823 Posts
    • 5,983 Thanks
    terryw
    • #4
    • 20th Dec 12, 9:06 AM
    • #4
    • 20th Dec 12, 9:06 AM
    As you have mentioned a restriction, I assume that the property is in joint names. If this is the case it is worth a read of this thread:
    http://forums.moneysavingexpert.com/showthread.php?t=1839539
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • Wywth
    • #5
    • 20th Dec 12, 10:57 AM
    • #5
    • 20th Dec 12, 10:57 AM
    Hi
    I'm new here, so any advice is gratefully received. I own a property that I lived in briefly then rented out as it was not big enough for me and my family, so we moved into a larger rented house ourselves. I have a debt for 7.5k that I had been making regular payments on for a long period of time, then we got into some difficulties and were unable to make the payments. The long and the short of it is that I've just been round to house today and there was a pile of letters from the creditor, court and land registry, the latter being a Notice of Application to register a restriction against the land.

    My question at this point, not being in a financial position to clear the debt, is can they force the sale of the house? Is this possible? If it is possible, is it likely, given that when we bought it 6 years ago we had a 95% mortgage and the 5% we owned has most certainly disappeared now. This being the case, even if they could, there would be no point, right? The mortgage company would have first dibs I assume.

    Like I say, any advice is gratefully received.

    Thanks
    Originally posted by lpe2012
    Your home may be at risk if you do not keep up repayments on a mortgage or other loan secured on it
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