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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8978
Experience:  I have been practising for 30 years.
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Dear Sirs, I have an Interim Charging order on my property

Resolved Question:

Dear Sirs,
I have an Interim Charging order on my property (Restriction is already on the Register). This was made final by the CC judge 2 weeks ago but has not reached the Land Registry yet. What happens if the house is sold (whether final or interim):
1. Does the conveyancesr take it out of the proceeds automatically at completion time? or
2. The conveyancer simply informs the Creditor and the credtor will later take the monies from me?
3. Is there anything I can do about the Final Charging order? Vary it, Stop it or Cancel it?
I look forward to your reply and thank you very much.
Best Wishes.
Hamid Khajehpour
Submitted: 9 months ago.
Category: Law
Expert:  F E Smith replied 9 months ago.

No buyer will buy a property either with an interim charging order or a final charging order on the property.

The by a solicitor would need an undertaking from the seller solicitor that all charges would be removed on completion.

Hence, the solicitor would get a redemption figure for removing the charge from whoever has the charge and would pay that on completion. If you did not agree for it to be paid on completion, the sale could not proceed.

The creditor will not take money from you later.

You can only get the final charging order removed by paying the amount outstanding or by appealing it if you have grounds for appeal which would be very limited and unlikely to succeed.

Can I clarify anything for you?

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8978
Experience: I have been practising for 30 years.
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