order for sale

[ohitsonlyme]

Well the gloves are off

I received a letter of claim asking for an order for sale from ex wifes solicitors on a property that we rent out and are joint tenants ccj and charging order on ex wifes interest in the property

 

I intend to fight this but dont know the procedures involved Yet!!

hearing date is 25 January

 

The house has land 5 acre field which are on 2 separate title deeds

 

I am in the process of applying for affordable housing on the field not a big gain but it will sort out the ancillary relief for ex wife

 

The restriction is only on the deeds to the house not the land

 

what do I have to do in terms of defending the claim and witness statements.

 

The valuation that they have used is incorrect, they have valued the house and land but only have a restriction on the house.

 

They havent mentioned a second restriction in favour of HMRC ccj gained on ex

 

They havnt mentioned my beneficial claim on the property and I am listed as the defendant which I will of course defend

 

 

They havent mentioned the tenants in situ including children They have no knowledge of any other parties

 

They have not been able to gain details of the balance outstanding to the building society which without planning and the field is close to the value of the mortgage outstanding

 

I think I can get it rejected and possibly costs from them(that would be fun)

 

Can the court still order the sale for the other creditors at this hearing if this application fails on technicalities??

 

onlyme again

[AndyOrch]

Is this a part 8 claim ohitsonlyme ...you state a " letter of claim"?

 

 

The court can order a sale where:

 

the debt is in your sole name and you are the sole owner of the property, or

the debt is in both the names of the joint owners of the property.

If the debt is in your sole name and the property is in joint names, the creditor can apply for an order for sale to realise their interest in the property. Your creditor will have got an interest in your share of the property when the final charging order was made.

 

Regards

 

Andy

[ohitsonlyme]

Hi Andy Yes its a part 8 claim and I realise they have a claim on the property

 

The ccj was against my ex not me

 

Will their claim include my 50% of the equity?

 

The charging order states

1/ the charge(interim) created by order made 21 July 2010 shall continue

2/The interest of the judgement debtor Mrs ex in the asset described below stand charged with payment of the sum £11700 etc etc

 

The land registry title states the solicitor of ex has benefit of charging or on the beneficial interest of ex

 

onlyme again

[AndyOrch]

Will their claim include my 50% of the equity?

 

No...its her CCJ and her Charging Order on your joint property...forget the land they have no security on that.If there is no equity in the property then any OFS would be pointless.

 

I would advise that you seek legal representation on this to protect your share of the property.

 

Andy