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Hello Darren my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
If this is as a result of a County Court Judgement then that debt will need to be settled but in order.
Therefore if there is an outstanding mortgage and that is charge 1 that is settled first
Then if there is a second loan and this is charge 2, next
Then the proceeds keep going until the interim order is satisified.
So once the house is sold that charge will be paid and the restriction removed
It is not normally an obstruction - it just takes a little more time
Can I clarify anything for you about this today please?
I have assumed this is a money debt from a County Court Judgment.
I Believe its from a CCJ, the issue is there is no equity in the house, so no chance of the money from the property. Theer were a few other restrictions of much smaller amounts which we paid off before finding out about this one - which is considerably more.
They are want to exchange and complete on friday this week, we have only just got this information..... what effects will it ahve on the sale?
Ok - if there is no equity it wont stop the transfer.
The charge would have to come off though
how does that work, and will it need to come off before the house transfer?
No - because if there is not the £ then it cant be discharged.
So when the transfer goes through it drops off
Its just a restriction, it is not a full charge
i do not understand the difference between restriction and charge. If we need a certifcate from the creditor, we wont get it until its paid..... or am I wrong?
Well if the property is being sold and there is no equity, the restriction can not be paid anyway.
This is because of the equity issue. Therefore the restriction would need to come off
They can not refuse to let you sell the property if there is no equity until paid
Therefore if there is no equity the restriction would just need to be removed
But you CAN sell the house even with this on.
But if there was equity there would be no way of avoiding paying this.
ok, thanks, XXXXX XXXXX clearer....lol, couple more
a) Is this something any conyencing solitor should know?
b) if its on the house when she sells, will it be left on property (ie the new owners may refuse on this basis) , or be returned to her ex husband? and how do we get this agreed / confirmed?
b) no, it wont be left on, it will be removed
is it done automatcially, or does someone (who) apply for this?
The selling Solicitor should deal with this.
But the buyer Solicitor should certainly pick this up
ok, seems they arent, as only just let us know about it...... is there any legal terminology I can use to make sure this is done?
Not really - its basic stuff
Teh contracts have been agreed and signed, just not yet exchanged, and this has only just been highlighted...... its very annoying , maybe it will go through and has already bneen discussed between the conyenacing solicitors, but niether are available today... and my partner is freaking out !
I can imagine - its not a huge issue though
can I type the script thas on the registry for your info, to make sure i am correct with what ive told you?
Yes of course - once you rate the answer the format changes
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ok, will you answer that as part of the cost?
Of course, if its related a follow up is free
ok cool... thanks...