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There are two stages to obtaining a charging order. The first stage is to make an application to the court; and judge will review the documents submitted and if he is satisfied with them, will grant an interim charging order and schedule a hearing to decide whether to make the charging order permanent. The purpose of an interim charging order as to prevent the defendant disposing of property between the time an applicant applies for a charging order and the time it is granted. If the charging order application was never heard or was refused, then a charging order exists. This is not mean that there is no debt owed but rather that the debt is not secured against the property
you may wish to contact the court that dealt with the application to ascertain whether the charging order was made final and granted in the first instance. If you are unsure which court was dealing with the matter, a copy of the interim charging order can be obtained from the land registry which will contain the details. if you find no final charging order was ever granted for the application was refused, with you wish to dispense with the step of checking that the court altogether, you can make an application to the land registry to remove the interim charging order restriction
you can do so using the following form which would need to be signed by your aunt as owner of the property:
is there anything above I can clarify for you?
OK so IF a final charging order was never granted I can ask the court to remove the interim charging orders? Unless the charging order was made final the debt is NOT secured against the property so my aunt would be free to sell it for however much she choses?
yes-actually you don't need to ask the court to do anything. your aunt can make an application to the land registry directly to remove the interim charging order on the basis the charging order was not confirmed-assuming this was the case. you can do so using the RX3 form above.
brilliant. Thank you!
Your conclusion is correct in that if the charging order was not confirmed, the debt is not secured against the property but do not forget that does not mean that the debt is not owed and the creditor could decide to make a future application to seek to enforce the debt. however, crucially it would not prevent the property from being sold so it may allow at the very least some immediate flexibility
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