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 Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

How long can a interim court order on my property last? I thought

Resolved Question:

how long can a interim court order on my property last? I thought it was 6 years from the date of the order... The interim court order was granted on 6th January 2009, now that I am trying to sell the property I have a court date set for 9th November 2015. Isn't too late for them?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Was this as a result of a CCJ please?
Customer: replied 1 year ago.

I owned a commercial property that was reprocessed and on 6th January 2009 the judge gave them an interim charge as they would need to sell the property off before knowing what I had outstanding. On 28th September 2015 they registered with the land registry and I have a court date on the 9th November. I had found a buyer and was looking to sell to release capital for my business but this mortgage company is after £600k plus my original mortgage of 500k. I owe friends and family money and need the cash for my business. What can I do?

Expert:  Ash replied 1 year ago.
Do you accept you owe the money?
Customer: replied 1 year ago.

No my commercial mortgage was 70% loan to value at the time. I think i borrowed around £650,000 and they sold it for less than £200,000 with all the charges etc they still want to come after me for £595,???.08

I

Customer: replied 1 year ago.

No my commercial mortgage was 70% loan to value at the time. I think i borrowed around £650,000 and they sold it for less than £200,000 with all the charges etc they still want to come after me for £595,???.08

Expert:  Ash replied 1 year ago.
What date did possession take place?
Customer: replied 1 year ago.

around July 2011

Expert:  Ash replied 1 year ago.
What was the date of that Court order giving possession?
Customer: replied 1 year ago.

Tuesday 12th July 2011 was the date we went to court for them to gain permission to enforce the judgement contained within the order for possession dated 6th January 2009. I think I gave them the keys the following week

Expert:  Ash replied 1 year ago.
Thanks. Sadly they are in time then, this is because the order was made in January 2009 and the application for an interim order was made 6 years to the day later.
However in any event they could simply seek permission from the Court to enforce the order and it would be granted. So sadly you would buy time only nothing else even if you argued that it was out of time.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

I must be able to do something. The property was valued at £850,000 when they loaned me £650,000. For them to sell it for under 300k and then come after my personal home seems very unfair. The property was back on the market for more than £700k shortly after they sold it so I believe something under hand was going on. Surely I can go to court on the 9th November and have a good case for why this charge shouldn't be added. Do you know or recommend a no win no fee solicitors?

Expert:  Ash replied 1 year ago.
You should have appealed the Court order in the first place. You can go to Court and argue the case yes. But sadly given its on the back of a Judgment then I think you would struggle. When the property was sold below value you could have argued the case then, but now sadly I think its too late.
You can try local Solicitors but in reality this is not going to be one on a no win no fee basis, I am sorry. But you can try here:
http://solicitors.lawsociety.org.uk/
Can I clarify anything else for you?
Alex
Customer: replied 1 year ago.

Hi Alex

At the time of the court case they had not sold the property, so i must be able to dispute the amount they had sold this property for. It was 70% loan to value, they must of given the property away. Surely I can ask the courts to put this aside and go for another court case to put my point across.

Expert:  Ash replied 1 year ago.
You can but again, its late, you should have done this at the time.
You can try, but given there is a possession order, I think it will be an uphill battle. I am not saying you can't do it, but it will be very very hard.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 11 months ago.

Hi Alex

Refer to my case....

I did go to court and I guess I must of done ok as the Judge deferred the case for another day 3rd February 2016.

My question is I have a sale of my property they wish to finalize the charge on going through on the 1st March. I have given notice to all my tenants and agreed terms with the buyer.

Purchase price is for £660,000 I have a mortgage of around £505,000 a "Deed of Trust" in my brothers name for a 1/3 of the sale price and a second charge by a credit card for around 22k. Commercial First whom will try and secure a final order for £607,642.00 on the 3rd February.

My question is can I ask the judge that there is no point giving Commercial First a final order but to remove the order as there will be no financial benefit to them. Commercial First solicitors acknowledge the Deed of Trust.... They even valued my property at £500,000 to £550,000 while I sold it cheap for £660,000 reduced from £750,000.

I have attached the letter from their solicitors. I would like to prepare my defend today as i will not have any time afterward due to commitments else where.

I would also like to know what I can do to prove they under sold the property... I have an email from them saying it was valued at £757,000 and not the £240,000 they sold it for. I was never informed of the sale plus I had a buyer lined up for £550,000 but they refused to accept his offer. Plus I had a tenant whom was happy to take a lease but wasn't prepared to sign a personal guarantees.

I am not saying I dont owe anything but for sure not 600k is way TOO much.



  • IMG_0259.JPG

  • IMG_0260.JPG

  • IMG_0261.JPG

  • IMG_0262.JPG

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