Help with interim charging order urgently required

[AnotherUserSeekingAdvice]

Hi

 

An interim charging order has been placed on a property that is in the process of being sold. The court hearing date is towards the end of October.

 

The company that issued the interim charging order do not yet know that there is no equity in the property to cover their charge.

 

Can the house still be sold ? Would the bank who hold the mortgage on the property notify the purchasers solicitors and refrain from continuing with the sale of the property until any disputes with the interim charge have been settled ?

 

Would it be a case of the bank contacting the creditor and saying "look, its pointless having an interim charge on the property as you wont get paid so you are wasting your time" and continue with the sale as normal ?

[Guest Old_andrew2018]

Bump

[42man]

What is the debt for ? Have you considered applying to set aside the original judgment possibly ?

[AndyOrch]

Hi

 

The first thing to do is to check to see whether the correct process has been followed. Always check to ensure that the creditor is actually chasing the right person! At this point we will assume that any potential challenge to the legality of the Judgment has been carried out (CCA request, Challenging default notices etc). It is worth checking to ensure that the judgment has been entered correctly, did the N30 form outline the determination process correctly? If it didn’t you could consider a set aside. It is worth checking the day the Interim order was applied for to see if the CCJ was actually in default on that day. If an application to vary the terms of the CCJ has been sent to the court prior to the Interim Order request ensure that the court considers the variation before considering the Interim Order. The creditor must send a copy of the Interim Charging Order and Affidavit to all those with a legal and/or beneficial interest in the property, for example the mortgage lender. If this doesn’t occur the hearing will be adjourned.

 

Regards

 

Andy

[AnotherUserSeekingAdvice]

OK, quick update on this one.

 

Solicitor has advised me to go ahead with a forced sale of the property (Im a creditor, not debtor). Have gained possession of the property and forced sale is going through. No need to worry about other creditors putting charges on as Im in line after the mortgage lender.

 

Only concern is to ensure the debtor dosnt go bankrupt while selling the property, or other creditors force the debtor to go bankrupt as my solicitor has informed me there is nothing that can be done that can prevent the property from being classed as the debtors asset in the event of bankruptcy, although I heard that in some bankruptcy cases, property is not always necessarily added into the pot. Anyone clarify this ?