 Charging order removal
Hi everyone, I'm new here so I hope I'm doing this right, please let me know if not.
Ok, the situation is that my partner and I are trying to sell a flat that he has a mortgage on with northern rock. The mortgage is a 'together' mortgage meaning that he also took out an unsecured loan at the time of taking out the mortgage. He had some problems making payments just over a year ago and nr applied for an interim charging order, and then had a final charging order agreed by the court which I understand basically secures the unsecured loan to the property. I have downloaded the land register for the property in question and the last entry states "equitable charge created by an interim charging order of the North Shields County Court dated 16 July 2007 in favour of Northern Rock plc". There is nothing after this that mentions a final charging order (although my partner did receive a copy of the final charging order from the court when it was granted on 5th September last year. Interestingly, no CCJs appear on my partners credit report, and I thought the creditor had to apply for a CCJ before a charging order could be sought?
We have applied to nr to remove the charging order, as we have been making full payments (according to the original terms of the mortgage and unsecured loan) for well over 6 months, and the price we have agreed with our buyer would repay the mortgage but not the unsecured loan (we have proposed to nr that we would continue the monthly payments on the loan after the sale had gone through). However I wanted to know if they don't agree to this where we might stand seeing as the final charging order does not show on the land registry and the CCJ does not appear on the credit report.
Sorry to be long winded!
Thanks
LS | 
