Restriction on Property

[baggies2016]

Hi everyone,

 

just found a restriction on my property from a very old un-secured debt.

 

 

After reading around it seems because its in my wifes name only and the property is in joint names it wont effect me selling.

 

 

please see below taken from Title:

Is this true?

 

what issues is this likely to cause and will it scare away buyers?

 

(21.02.2014) RESTRICTION: No disposition of the registered estate,

Title number ###########

2 of 4

B: Proprietorship Register continued

other than a disposition by the proprietor of any registered charge

registered before the entry of this restriction, is to be registered

without a certificate signed by the applicant for registration or the

conveyancer that written notice of the disposition was given to

Hillesden Securities Ltd (Ref:- ###############) at Buckingham Road,

Brackley, Northamptonshire NN13 7DN, being the person with the benefit

of an interim charging order on the beneficial interest of ############### made by the ####### County Court on 5 February 2014

 

 

(Court reference ########).

[dx100uk]

wont frighten any buyer

they wont know about it.

 

 

should be marked as a restriction K if its joint ownership

 

 

that's a ICO, will need to be paid on sale.

 

 

hillies, debt buyers [lowells DCA] so someone got a CCJ and your wife knows nowt about it?

 

 

dx

[baggies2016]

Thanks DX, some posts claiming that solicitor just has to notify them of sale so will it have to be paid on completion??

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?468294-I-sold-my-property-with-an-interim-charging-order-what-are-my-risks-at-new-property&highlight=mortimer+clarke

[dx100uk]

oh yes i'm hoping your sols is cute too of course !!

 

 

dx

[baggies2016]

so if they are notified and sale goes through,

what use does the restriction serve?

Does sol legally have to pay them out of proceeds

or is it back to Hilles to chase?

[dx100uk]

tough luck on them:lol:

[dx100uk]

you tell them afterwards ....

[king12345]

The solicitor is obliged to let them know of the sale.

I don't know if they have to pay them after completion, but surely if the solicitor doesn't notify them they could get a complaint and some trouble.

Hopefully someone more knowledgeable will shed some light as this might interest a few of us.

My guess is that a charging order is there to prevent the owner disposing of assets and avoid paying ccj

[ThedaBara]

The solicitor must notify... but if it's just a form K, then it's up to the creditor to try and get their hands on the money, as you are not obliged by law to hand it over. Also, it's not for the solicitor to hand over any cash against your wishes... I heard about something called Escrow Services, (is that correct, DX?), where the equity is placed somewhere safe whilst you sort it out... not sure if it works, though... TB