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A guide to Charging Orders & Orders for Sale

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As Andyorch said, dealt with - a Frorm K only requires the buyer to provide the Land Registry with notification it has informed the Restriction holder the property is being sold to be removed, settled - you pay off the debt and use the appropriate Rx form to remove the Restriction or sold - if joint owners sell to a third party for "valuable consideration" the Restriction is automatically removed as it is then overreached.

 

You must remember it's not that the Charging Order is Full or Final it's what it is made against that counts. For a sole owner or joint owners who both owe the debt, then the charging Order is made against the land and becomes Equitable. But where the property is owned jointly and only one of the owners owes the debt, then the CO is made against the debtors Beneficial Interest (equity). This is far different and and the CO cannot be registered as an Equitable Charge on the LR deeds. It's therefore far easier to get shot of.

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Thanks eggboxy1, this is what I was trying to get to, the difference between a charging order and a restriction against a single debtor/joint owner... so in fact with a restriction when the property is sold, the restriction drops off and an unsecured CCJ remains.

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Yes, but you will get resistance from mortgage lenders and conveyances who don't understand the difference when you sell. So you need to do some research on your Solicitor if you are selling with a Restriction.

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Absolutely, this is what I've found from others who are selling with a restriction, but one or two have been lucky enough to find solicitors that understand it and have been able to sell with no problems.

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From April 2016 the rules changed again the process of obtaining a charge. What is the main difference now Pls?

 

There are three key differences:-

 

An application for a charging order with respect to a judgment made in the County Court will need to be made to the County Court Money Claims Centre;

 

Where an application is made to the County Court Money Claims Centre it will be determined by a Court Officer; and

Where an application is to be determined by a Court Officer this will be an administrative action and a hearing will not be listed.

 

Under the previous rules, applications were sent to the County Court where the judgment was made, and determined at a hearing by a district judge before the claimant and whichever other party who saw fit to attend. Under the new regime, if the County Court Money Claims Centre receives an objection to the application, the matter will be transferred to the local court of the judgment debtor and the process will essentially revert back to the old regime, whereby the application will be determined at a hearing by a district judge.

 

Other changes:-

 

Slight amendments to the charging order application forms (N379 and N380);

responsibility to serve the application on the judgment debtor being transferred from the court to the judgment creditor; and a new requirement to serve the application not just on parties which have an interest in the property but also the spouse or civil partner of the judgment debtor – if known.

 

Hearings will still be listed to determine applications which are required to be issued outside the County Court Money Claims Centre, such as those referring to judgments made in the High Court.


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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1232 days.

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