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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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there i hope you can help me ? ive got a house here in birmingham,i

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there i hope you can help me ? ive got a house here in birmingham,i owe santandare approx 81 thousand morgage,i purchased an apartment in cypres pre recession i cannot afford it any longer,an they have put a charge on the house,,also i have a buyer property,with this charge i cannot sell it..can you please advise me,,,yours gerard
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

Do you have a County Court Judgment against you here in the UK or Cyprus?

JACUSTOMER-n2lpe1i2- :

I dont think so

Alex Watts :

They have put a charge on the house in the UK, is that right? Did you become aware of a charging order and a hearing?

JACUSTOMER-n2lpe1i2- :

i was not aware at the time it was done in a london court,because was sent to the address the charge is on,at that time i was living at another address, i did,t pick up my post on time.to be able to attend court.

Alex Watts :

Did the Land Registry ever write to you and say about the charge?

Alex Watts :

So there WAS a Court order regarding the charge, is that right?

JACUSTOMER-n2lpe1i2- :

,as far as i know the land registry did,nt write,there was a court order yes but i didnt find out untin it was all over an i got some post,the lady that rents the house kept returning the post,saying person not known at this address

Alex Watts : When did you find out about the Charging order ?
JACUSTOMER-n2lpe1i2- :

probably 2 yrs ago an now i have a cash buyer her solictor has found it,i have emailed cypriat bank yesterday an put an option to them.ie if they let me have freedom to sell the house pay the morgauge off also an overdraft off then i can put 90% towards the morgauge i have in cyprus,,this is complicated alex

Alex Watts : Why did you not appeal the charging order when you found about it 2 years ago?
JACUSTOMER-n2lpe1i2- :

i ignored the charging order because there is an 19 yr morgauge on the property,,i thought it would go away,an it did,nt

JACUSTOMER-n2lpe1i2- :

i did,nt appeal cause im irish an not educated in that field,,an also money,london law courts,phew how much would you need ?

JACUSTOMER-n2lpe1i2- :

could i still appeal it now? who do i get in touch with ?

Alex Watts : If it has been 2 years you could potentially appeal but it would be useless. Not knowing the procedure is not enough. If you had been in a coma in hospital that would be different, but you knew about it years and as such any appeal will be a struggle because you need to obtain permission. As it has been 2 years you will struggle.
Alex Watts : in order to get a charging order there needs to be a court judgment. The court must have been satisfied that there was to grant the interim order and then make it final.
Alex Watts : Once it is final then they can apply order .
Alex Watts : All you can do at this stage is make repsyment proposals.
Alex Watts : Sadly with a Charging order they can apply order .
Alex Watts : if you have a buyer then your solicitor can agree to release funds debt once it goes through
Alex Watts : Can I clarify anything about this today please?
JACUSTOMER-n2lpe1i2- :

thank you alex,you have been helpful

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

alex does that mean i will have to sell my house here in england,an will i own the place in cyprus ,im confused here ?

Expert:  Ash replied 2 years ago.
Yes they can make you sell the house in England as they have a charging order.
I am sorry.
Alex

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