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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My partner is trying to sell her house. We have an offer that

Resolved Question:

My partner is trying to sell her house. We have an offer that is jus below the outstanding mortgage. At the last minute, we are advised there is a restriction (i think its an interim charge order dated july 08) listed to her ex husband.

Can anyone advise if the hosue can be sold, if the restrctors will hold up the sale , how can she avoid paying this (its beyond out capacity)

Darren
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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.

Alex Watts :

If this is as a result of a County Court Judgement then that debt will need to be settled but in order.

Alex Watts :

Therefore if there is an outstanding mortgage and that is charge 1 that is settled first

Alex Watts :

Then if there is a second loan and this is charge 2, next

Alex Watts :

Then the proceeds keep going until the interim order is satisified.

Alex Watts :

So once the house is sold that charge will be paid and the restriction removed

Alex Watts :

It is not normally an obstruction - it just takes a little more time

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

I have assumed this is a money debt from a County Court Judgment.

Customer:

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.

Customer:

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?

Alex Watts :

Ok - if there is no equity it wont stop the transfer.

Alex Watts :

The charge would have to come off though

Customer:

how does that work, and will it need to come off before the house transfer?

Alex Watts :

No - because if there is not the £ then it cant be discharged.

Alex Watts :

So when the transfer goes through it drops off

Alex Watts :

Its just a restriction, it is not a full charge

Customer:

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?

Alex Watts :

Well if the property is being sold and there is no equity, the restriction can not be paid anyway.

Alex Watts :

This is because of the equity issue. Therefore the restriction would need to come off

Alex Watts :

They can not refuse to let you sell the property if there is no equity until paid

Alex Watts :

Therefore if there is no equity the restriction would just need to be removed

Alex Watts :

But you CAN sell the house even with this on.

Alex Watts :

But if there was equity there would be no way of avoiding paying this.

Customer:

ok, thanks, XXXXX XXXXX clearer....lol, couple more

Customer:

a) Is this something any conyencing solitor should know?

Alex Watts :

A) yes

Customer:

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?

Alex Watts :

b) no, it wont be left on, it will be removed

Customer:

is it done automatcially, or does someone (who) apply for this?

Alex Watts :

The selling Solicitor should deal with this.

Alex Watts :

But the buyer Solicitor should certainly pick this up

Customer:

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?

Alex Watts :

Not really - its basic stuff

Customer:

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 !

Alex Watts :

I can imagine - its not a huge issue though

Customer:

can I type the script thas on the registry for your info, to make sure i am correct with what ive told you?

Alex Watts :

Yes of course - once you rate the answer the format changes

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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Customer:

ok, will you answer that as part of the cost?

Alex Watts :

Of course, if its related a follow up is free

Customer:

ok cool... thanks...

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