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Mum's Charging Order on My House!!


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I'm new to this forum and basically I'm here because I just don't know what to do in a very perculiar situation.

 

My mum is in a HUGE :o amount of debt and was about to have her house repo'd. My husband bought the house and settled the charging orders on the house as there wasn't enough left over after paying the mortgage company to pay them all. American Express refused the settlement but took £5000 to not block the sale. So, they still have a charging order on the house. Now they're both my husband and i as well as my mum for the balance. They are threatening to force a sale of the house.

 

We feel like my mum is going to try to leave us with this :mad: and want to know what our options are. We know we made a bad decision but is it too late to put itright.

 

PLS HELP!!! :confused:

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Who now owns the house. If it is you and your husband and you have no debt to amex then I fail to see how they can have a charging order on it.

 

As far as I am aware the charging order woould have gone as soon as the house was sold.

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Who now owns the house. If it is you and your husband and you have no debt to amex then I fail to see how they can have a charging order on it.

 

As far as I am aware the charging order woould have gone as soon as the house was sold.

 

My husband and I now own the house, but there wasn't enough money from the sale to clear the debt, so Amex were going to block the sale because they weren't going to get paid. Our bank asked them to set aside the charging order but they refused. So we had to agree to buy the house subject to the charging order.

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I'm afraid that I don't know enough about this to help. Although it appears to me that for the charging order to stand you would have to have taken on the debt for your mother (I could easily be wrong here) and in which case the debt would now be yours/husbands to deal with.

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That sounds really sketchy to me, a charging order is placed in a persons name against their investment, through their original contract to pay back a debt that they took out under their name.??

 

How can they say you had to take the debt or force you to take it as part of the sale process?

 

Did you sign anything , was this in writing, is it included in your mortgage paperwork?

 

someone on here may know this situation first off, but to transfer a debt like that to another person seams odd to me???:confused:

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There are two separate things here:

 

1. The debt

 

2. The security for the debt

 

The debt is the OP's mother's and not her husband's (unless he agreed something to the contrary).

 

The OP's husband agreed to take the property subject to the security for the debt. The rights of Amex have not changed in any way. They have the same rights as before.

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Speak to a solicitor immediately. This matter needs sorting out professionally.

 

Don't use the firm that did your conveyancing - as you may need to sue them for negligence at some point in the future.

British Shoe Corporation - won :) BT - won :) West Lancs Council - lost :-x 02 - won :) British Airways - still fighting :o STOP PRESS - RSPCA - daughter won with letters I wrote :)

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