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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Some years ago I remortgaged my house to buy a flat for my

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Some years ago I remortgaged my house to buy a flat for my son in his name. There is no mortgage on his flat. As he is now unemployed, he is likely to run up significant debts for utilities, council tax, bank overdraft/loans, possible 'pay day' lenders etc. In what circumstances, timeframe and by what process could these entities force the sale of his flat to recover their debts?

Hi Edward,

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Only normally credit card companies and possibly Councils would take the step of registering a "charging order" on someone's property for outstanding monies due to them. Basically, before any charging order can be placed on a property, the creditor first of all has to get a County Court judgement against your son for monies that are owed to them.

Thereafter, if they are aware that he owns the property, they can make a further application to the Court to place a charging order over it. The charging order only acts as a "Charge" and does not give them the right to automatically sell the property to claw back what they are owed. They would have to go to Court further to get an order for Sale before this would be possible

The above would of course take several months to conclude- ie from the date initial Court proceedings are taken until a final Order is made that the house be sold.

I must say it would be unusual for an order of Sale to be pursued by a creditor as the COurts are not keen to grant such an Order for "normal debts".

In order to protect your position, however, you should consult a local Solicitor, with a view to placing your own Charge on the property on the basis that you provided the purchase monies. A relatively simple Charge can be prepared by your Solicitor, and would mean that if the worst came to the first, at least you would be entitled to whatever was due back to you, before any creditors got their hands on any monies, in the unlikely event of a forced Sale by them.

I hope this assists and answers your question.

Kind Regards


Customer: replied 4 years ago.
Hi Al
Thank you for your help and advice. My son has a certain condition which may result in him not responding to letters, phone calls or any other approaches and not appearing in court. Could an Order for Sale still be made?

Hi Edward,

An order for Sale can be made in the absence of the debtor, I'm afraid, if indeed it ever came to that point.

I would suggest that you do get your interest protected by way of a Charge.

Kind Regards


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