How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10234
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

Some years ago I remortgaged my house to buy a flat for my

Resolved Question:

Some years ago I remortgaged my house to buy a flat for my son in his name. There is no mortgage on his flat. As he is now unemployed, he is likely to run up significant debts for utilities, council tax, bank overdraft/loans, possible 'pay day' lenders etc. In what circumstances, timeframe and by what process could these entities force the sale of his flat to recover their debts?
Edward
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hi Edward,

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Only normally credit card companies and possibly Councils would take the step of registering a "charging order" on someone's property for outstanding monies due to them. Basically, before any charging order can be placed on a property, the creditor first of all has to get a County Court judgement against your son for monies that are owed to them.

Thereafter, if they are aware that he owns the property, they can make a further application to the Court to place a charging order over it. The charging order only acts as a "Charge" and does not give them the right to automatically sell the property to claw back what they are owed. They would have to go to Court further to get an order for Sale before this would be possible

The above would of course take several months to conclude- ie from the date initial Court proceedings are taken until a final Order is made that the house be sold.

I must say it would be unusual for an order of Sale to be pursued by a creditor as the COurts are not keen to grant such an Order for "normal debts".

In order to protect your position, however, you should consult a local Solicitor, with a view to placing your own Charge on the property on the basis that you provided the purchase monies. A relatively simple Charge can be prepared by your Solicitor, and would mean that if the worst came to the first, at least you would be entitled to whatever was due back to you, before any creditors got their hands on any monies, in the unlikely event of a forced Sale by them.

I hope this assists and answers your question.

Kind Regards

AL

Customer: replied 2 years ago.
Hi Al
Thank you for your help and advice. My son has a certain condition which may result in him not responding to letters, phone calls or any other approaches and not appearing in court. Could an Order for Sale still be made?
Edward
Expert:  Aston Lawyer replied 2 years ago.

Hi Edward,

An order for Sale can be made in the absence of the debtor, I'm afraid, if indeed it ever came to that point.

I would suggest that you do get your interest protected by way of a Charge.

Kind Regards

AL

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10234
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions