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chatham-chamber
chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 13432
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I may have a charge for 38k put on my property worth 400k.

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Hi. I may have a charge for 38k put on my property worth 400k. There is 230k in equity after the mortgage is redeemed. I understand as I am married with kids my wife has occupational rights and I may avoid any forcing of sale by the party who may put this charge on the property.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: The party has taken me to court I failed to register my application notice in time as such I cpuld not defend the claim
Assistant: Have you talked to a lawyer about this?
Customer: Yes
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi,

Thank you for your query. What exactly is your question in relation to this?

Customer: replied 18 days ago.
If there are more charges than equity against the property wpuld it stop the 3rd party from registering the charge or forcing sale of the house. Can they even force the sale of the house.
Customer: replied 18 days ago.
Hello are you there?

Hi,

If they have a charge, they can still force an order for sale.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

Customer: replied 18 days ago.
There is a c c j now but no charge. This is what I am trying to prevent. I was aware I could put my wife on the deeds . This giving her rights to her share of equity in the home.

Hi,

If there is a CCJ, they can obtain a charging order and then register this against the property.

 

Customer: replied 18 days ago.
Thus preventing the charge. How could the force the sale surely they must give other options ?

Hi,

They would give an opportunity to pay, and if not paid, then they can make an application to court for an order for sale.

I hope this answers your question. If so, kindly rate the answer and provide feedback

Customer: replied 18 days ago.
Are monthly plans a consideration. Will I control the sale of the house?

Hi,

Whether monthly payments are accepted is a matter for the other party. The control of the sale would be a matter for the courts.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Many thanks

chatham-chamber and other Property Law Specialists are ready to help you