Interim Charing Order Remortgage?

[BazzaS]

5 hours ago, BankFodder said:

CC J's cannot be acted upon if they have not been followed up within six years - unless a special application is made to the court.

If they are older than six years – then in respect of the Northern Rock one, they would need to apply to the court to enforce it.

In respect of the one against which you have been paying instalments, that is still live

 

If the court has granted a charging order, then no permission to enforce is required.

 

Disadvantage to the judgement creditor is they have to wait for their money.

 

advantage (to the judgment creditor) is that (absent a crafty solicitor for the vendor) it puts off many purchasers solicitors, so when the property is to be sold the seller ends up settling or giving an undertaking to pay, and at that stage no court permission / involvement is needed.
 

it is nothing to do with “permission to enforce, after 6 years”

[BazzaS]

1 hour ago, Andyorch said:

 

 

 

If you re mortgage with the same company as your existing mortgage...the restrictions should be irrelevant.

 

Andy

Absolutely, if the existing mortgage predates the charging order.

 

”RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without .....”

 

If remortgage by same mortgage company whose mortgage predates the charge then is “by the proprietor of any registered charge registered before the entry of this restriction”. Worth checking with the mortgage company though : they might take a risk-averse approach!!