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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10458
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Hi I have recently received a CCJ and I have paid the first

Resolved Question:

Hi I have recently received a CCJ and I have paid the first instalment. I have asked previous questions relating to the possibility that the creditor may take a charge on my beneficial interest in my house. The creditor has applied for an interim charge on my house and I have been set a court date for the full charge being applied. My question is to clarify that if I sell the house, would the creditor automatically receive the proceeds of my share of the house. Or as I am paying the agreed monthly sum would they have no legal right to receive the proceeds.
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Their Charge would mean that if there is enough "in the pot", then the full amount which is outstanding would have to be paid upon completion of any Sale.

However, their Charge would rank behind any other Charge/Mortgage you already have on the property, so if there was not enough to clear this new Charge, then they would have to accept whatever was left over after you had paid Estate Agents/Solicitors fees/Mortgage, and can also ask you to continue with your agreed monthly payments to clear the remaining balance.

The above would need to be negotiated with the Company involved, because your Solicitor would need assurance that their Charge would be removed upon completion of the Sale, as he is under a duty to confirm this to any Buyers Solicitor.

I hope this assists and answers your question.

Kind Regards
AL

Customer: replied 3 years ago.

Thank you for your prompt answer. It is much as I feared. My problem is also compounded by the fact that I am divorced and have FDR looming. Another question is whether I am able to now negotiate the settlement with ex wife prior to FDR or best left to proceed to final hearing and let the judge decide.

Expert:  Aston Lawyer replied 3 years ago.

Hi Chris,

Thanks for your reply. It is always best to try and agree a settlement, but you will have to be guided by your Solicitor as regards XXXXX XXXXX

Good Luck.

Kind Regards
AL
Customer: replied 3 years ago.

Thank you once again. I am self repping so will be down to me.


 


Regards


 


Chris

Expert:  Aston Lawyer replied 3 years ago.

Thanks Chris.

All the Best
AL
Customer: replied 3 years ago.

Hi
Would it be possible to assign my beneficial interests in to a trust for a child under 2. ie my grandson.


I am wondering if the creditors only route then would be to make me bankrupt?


 


regards


 


chris


 

Expert:  Aston Lawyer replied 3 years ago.

Hi Chris,

I'm afraid it is more than likely too late to do anything with your share of the property as your wife would need to consent to any transfer to a third party (any transfer would have to be to a party who is 18 or over in any event. Merely assigning any beneficial interest would also be of no use as you would still remain the legal owner and thus wouldn't prevent them from registering the charging order.
Please note I am a Conveyancing Solicitor so don't really want to give you advice over areas outside my scope of expertise.

I do hope, however, that I have previously answered your original question.

Kind Regards
AL
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