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Help with Charging order and deeds to property!!


Saffron1
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Hi

I am currently in the process of taking over the mortgage for a property currently on a joint mortgage with my ex. He is happy for me to take over the mortgage and remove his name off the deeds, great! Until I found out there is a charging order on his half of the property from a ccj. I am not buying him out of the property just taking over the mortagage. I would say at a push there is 7k equity in the property.

Can I do this or will the charging order stay on the property? or is this classed as fraud? we are doing it for speed as I can not raise any money to buy him out and can not carry on breathing the same air!!!!!

I would really appreciate any help and advice.

Thank you x

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I would say you need to contact your conveyancing solicitor and make him/her aware of the situation as soon as possible.

 

It is unlikley that the creditor who holds the security would allow such a charge to be moved in this way---and they have a right to know but your solicitor should know this??

 

The way to make it happen for you is seemingly the way you cannot afford which is you get a completley new deal for the property having paid off the charging interest---other than that your OH will have to stay on the mortgage so that he still has an interest in the asset

 

Beau

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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