Charging Order Not in my name. Advice Needed.

[slick244]

I have a charging order on my property that belongs to my ex. We have a joint mortgage and an U/S loan running alongside it. I have took responsibilty for all of this and she has walked away. I am unable to sign the house over in my name with the charge in place. She is paying a tiny monthly amount and wants me to sign for responsibility of the charging order too and says she has spoken with the firm involved, she tells me that no interest is being added to the account. I am not keen to do this as i feel i have taken on enough as it is. I am stuck with what to do next. Can i sell the property? What are my options?

Cheers,

Slick244

[GamekeeperToPoacher]

Slick

 

Just how have you taken over responsibility for the mortgag?

 

Have you done a re-mortgage?

Did you use a solicitor?

 

It is not something that you can do yourself as the lender has a joint and several claim and would need to agree it

 

GK

[slick244]

In taking responsibility for it I mean I am paying for it. I am also paying for the U/S loan. When i moved out and my ex stayed i payed half. Now she has moved out and was happy to have the house repossessed I took on whole payment. I have spoken to a solicitor about signing it over and this will cost £245 but it cant be done with the charging order in place. My ex wont pay it off. She has a CCJ but that drops off in 18 mths and she has no intention of paying it off.

[AndyOrch]

Set Asides & Variations

 

These are dealt with under CPR 73.9

You would need to apply to the court which made the original order.

Setting aside a Charging order is usually called “Discharging”, this is under s3(5) of the Charging Orders Act. The arguments for discharge must not have been made to the court previously. Sometimes a creditor may wish to discharge their own Charging Order, as an example they may wish to make a debtor bankrupt., they could still issue a statutory demand even though they have a charge in place (s269 Insolvency Act 1986). You can vary the terms of a charging order via form N245.

 

Worth considering

 

Regards

 

Andy

[slick244]

Is it right that after 6 years her CCJ is gone but the debt remains in the form of the charging order until it is paid? If so in 18mths she is clear and I have to carry the can as she will not pay it. Seems I will have no choice to either pay the charging order or keep her on the mortgage and she will be entitled to half of the house. The mortgage is a NR together package. If I sold would the charging order come before the loan element running alongside the mortgage?

[sequenci]

Is it right that after 6 years her CCJ is gone but the debt remains in the form of the charging order until it is paid? If so in 18mths she is clear and I have to carry the can as she will not pay it. Seems I will have no choice to either pay the charging order or keep her on the mortgage and she will be entitled to half of the house. The mortgage is a NR together package. If I sold would the charging order come before the loan element running alongside the mortgage?

 

The CCJ will stay forever (well until it's cleared) - it will fall off a credit file after 6 years.

The charging order will stay on her share of the equity untill it is paid.

The charging order would be paid from any sale proceeds, an unsecured debt wouldn't.

[slick244]

Where can i find form N245 and what reasons could i could use for getting the order set aside? Should i have received notification of the CCJ at the time? I thought about checking to see if the amount the order was based on included any misold PPI but it appears that they have already knocked this off the balance of the original CCJ. Can they do this? Many thanks.

Slick244.

Edited September 14, 2009 by slick244

[sequenci]

I don't think YOU can make an application to have HER charging order set aside. She would need to do it.

[slick244]

Im screwed then. I dont think have any option but to pay her debt off. Thanks for your help.

Slick244

[AndyOrch]

Im screwed then. I dont think have any option but to pay her debt off. Thanks for your help.

Slick244

 

The debt should have been resolved at the time of divorce ie transfered to the debtors name/security.As she no longer as any interest in your asset you can ask for this to be looked at again considering the circumstances involved.A set a side is not impossable.

 

Regards

 

Andy

[slick244]

Ok I know its a been a couple of weeks i think there may be some progress made. I have spoken to the lender again and they say that i can sign over responsiblity for the debt and the charging order into my name. Im positive the last time i spoke to them they said i couldnt do this. This is preferable to me because i could then do a change of parties application and have my ex's name removed from the property. She is crying poverty again after just coming back from holiday and is threatening to send an estate agent to the house when im away and put it up for sale. The guy i spoke to on the phone said that i just needed to instruct a solicitor and they could just cross everything into my name. I would be taking on nearly six thousand pounds but to be honest it is worth getting her out of my life.