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Aston Lawyer
Aston Lawyer, Solicitor
Category: Family Law
Satisfied Customers: 10176
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have a couple of restrictions against my house, but I need to sell it Will this preven

Customer Question

I have a couple of restrictions against my house, but I need to sell it
Will this prevent me from doing so?
Submitted: 8 months ago.
Category: Family Law
Expert:  Aston Lawyer replied 8 months ago.
Hi,Could you please let me know the nature of the Restrictions and in whose favour they are? How much is owing under the Restrictions?You mention that your son could arrange a Mortgage for 227K - does he have any savings by way of a deposit?I look forward to hearing from you.Al
Customer: replied 8 months ago.
Hi, There are 3 in total and are a result of Bad Credit Card Debit. The total amount owing is approximately 25K
Yes my son has a deposit of 20-25KDeb
Expert:  Aston Lawyer replied 8 months ago.
Thanks.Is the property in the joint names of yourself and your Wife? Are the Restrictions against both your names or against one of your names only?(Ideally, I would like to see the wording of each Restriction if you are able to let me have them).ThanksAl
Customer: replied 8 months ago.
The property is jointly owned, although I am no longer with my partner. The debt is against my name only Debbie Long and I have a copy of the land registration at home with the full details.
Expert:  Aston Lawyer replied 8 months ago.
Thanks.You should check the Land Registry title document, but I am 99% sure that the wording of the Restrictions will state " no disposition of the registered estate is permitted unless notice has been given to X Company" or words to that effect. This basically means that the monies due to the credit card companies does NOT have to be paid and it will just be necessary for your Solicitor to notify the Credit card Companies that the property has been sold.As the debts are in your name alone, and the property is in joint names, the Credit card companies won't have been able to obtain an Order stipulating that the outstanding balance be paid upon completion of any Sale.As I have said, you are best to check the wording of the Restrictions, but I'm pretty sure you won't have to pay off the credit card Companies on completion of the Sale.I hope this assists you. Kind RegardsAl
Customer: replied 8 months ago.
Thank you, ***** ***** they can't prevent me from selling the property? The plan is to pay them in full when the sale is completed.
Expert:  Aston Lawyer replied 8 months ago.
Hi,Yes- you won't be forced to pay off the debts, but if you do, that would be fine- you can ask your Solicitor to obtain final figures on the debts and he can pay them off on your behalf, if you wish him to. Kind RegardsAl
Expert:  Aston Lawyer replied 8 months ago.
Hi,Can I assist you any further?Kind RegardsAl
Expert:  Aston Lawyer replied 8 months ago.
Hi,If I have assisted, I would be grateful if you could rate my Answer.ThanksAl
Expert:  Aston Lawyer replied 7 months ago.
Hi,If I have helped, I wold be grateful if you could rate my answer.Kind RegardsAl

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