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F E Smith
F E Smith, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 17606
Experience:  30 years in general practice.
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A debtor is selling her apartment. Is there any way to put a

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A debtor is selling her apartment.
Is there any way to put a claim on proceeds from the sale of the debtor's apartment without first bankrupting the debtor? Bankruptcy would most likely lead to a lot of creditors seeking payment

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

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are you a creditor?

and what does she owe you?

Customer: replied 17 days ago.
I am a creditor. She owes me 63 thousand pounds in personal loans and 230 thousand pounds in property deposits which she fraudulently claimed to make on my behalf but turned out to be a scam.

If the creditor agrees, that you can put a legal charge against the property but if there is an existing lender they may have a restriction preventing that. You would need to look at the title deeds charges register.

You can get the title deed and the plan quickly and easily by using this link:

https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

and you will have to pay 3 pounds for the title deed and 3 pounds for the plan.

You will then have them in minutes if not seconds.

Otherwise it’s a case of going to court and getting a County Court judgement and then making a further application for a charging order and that will get registered against the property anyway.

The process is relatively straightforward although you want it done properly, it is a job for a local solicitor. They shouldn’t charge more than a few hundred pounds because of the amount of money involved here, I would suggest you go down that route.

I’m afraid that we are specifically not allowed to take instructions from here.

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In any event, for logistical reasons you would be better using a local solicitor .

I am glad to help.

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Best wishes.

FES

Customer: replied 17 days ago.
Thank you. It's not impossible she would agree I put a legal charge against the property. How would I do that?
If it goes the CCJ route would my legal costs be added to what she owes me? Is the CCJ you mention re the property charge or an order to pay me back my money? If the latter, it was my understanding that due to the large sum I would have to do this in high court and the associated costs could set me back 50-150 thousand in legal costs with no guarantee of payment (she has no assets besides a legal claim to a % of the property).

The process is not for the fainthearted although it’s not an uncommon question and therefore I have a standard cut-and-paste answer which is below: a solicitor would probably charge under GBP500 plus VAT plus the land registry fee:

Because of the amount of money involved here I wouldn’t suggest for one moment that you did it yourself. Get a solicitor. I am not a lover of lining solicitors pockets but in this case they are a necessary evil.

If she accepts that she owes the money, then it would be ludicrous for her to go to court and defend it because all that will happen is she will have a whole load of costs on top.

So if she accepts that she owes the money, she would be better giving you the legal charge.

Here is the form for legal charges: https://www.gov.uk/government/publications/legal-charges-registration-ch1

and the practice guide: https://www.gov.uk/government/publications/registration-of-legal-charges-and-deeds-of-variation-of-charge/practice-guide-29-registration-of-legal-charges-and-deeds-of-variation-of-charge

and you also need AP1

https://www.gov.uk/government/publications/change-the-register-ap1

and ID1

https://www.gov.uk/government/publications/verify-identity-citizen-id1

for all the parties involved.

There needs to be one of the latter forms for each person involved. It needs a passport sized photograph certified by a solicitor as being a true likeness. This is not needed if solicitors are doing the job but the solicitors will want different ID, usually a passport or driving licence and 1 or 2 utility bills.

There is also the Land Registry fee based upon the value of the house which is here:

https://www.gov.uk/guidance/hm-land-registry-registration-services-fees

Use scale 1 fees.

Back to the court costs, there are only going to be gargantuan legal costs if she defends the action.

F E Smith and 2 other Bankruptcy Law Specialists are ready to help you