CCJs will they block sale of house

[georgby99]

I have 3 CCJ's from personal loans and credit cards from 5 years ago. I have been making payments on one of them but the other two had never set up a payment arrangement as they had no communication with me.

I am now in the process of separating from my husband and selling the house. We have found a buyer and instructed solicitors to proceed with the sale. I estimate we have £50k Equity in the house after the mortgage has been paid off and estate agents fees.

I have requested details from the land registry on the charging orders, is there anyway the creditors' could try and block the sale of the house. As it is my debt I am happy for them to be paid out of my share of the proceeds of the sale. Also the mortgage is joint so feel unfair on my husband if this is held up.

Many thanks.

[FlamingParrot]

Re: CCJs will they block sale of house

I have 3 CCJ's from personal loans and credit cards from 5 years ago. I have been making payments on one of them but the other two had never set up a payment arrangement as they had no communication with me.

I am now in the process of separating from my husband and selling the house. We have found a buyer and instructed solicitors to proceed with the sale. I estimate we have £50k Equity in the house after the mortgage has been paid off and estate agents fees.

I have requested details from the land registry on the charging orders, is there anyway the creditors' could try and block the sale of the house. As it is my debt I am happy for them to be paid out of my share of the proceeds of the sale. Also the mortgage is joint so feel unfair on my husband if this is held up.

Many thanks.

Hi and welcome

They would have no reason to block the sale if they are going to get paid out of the proceeds of the sale if, as you say, there's quite a bit of equity.

If the house is jointly owned, the LR would have only recorded a restriction. With regards to restrictions, you may want to look at this thread which discusses them at length: http://forums.moneysavingexpert.com/....php?t=1839539 :thumb:

Have all 3 CCJs got charging orders on them?

[georgby99]

Re: CCJs will they block sale of house

Thanks for the info, I'm not sure if they all have charging orders I no longer have the paperwork for them as they were from 2009. I've checked my credit file and show on there with values but not what type of order they are. I'm only concerned about the one I've been making payments on whether they'll want payment in full or to carry on making the payments. Obviously better if they're paid off but would also like to come out of the sale with some money to start again.

[FlamingParrot]

Re: CCJs will they block sale of house

Thanks for the info, I'm not sure if they all have charging orders I no longer have the paperwork for them as they were from 2009.

CCJs from 2009 would still be on record. Even if your creditors obtained default judgment (you didn't receive or respond to, the claims), you would have received notification form the Land Registry when they applied for an Interim Charging Order. Even if your creditors didn't have your current address when they issued the claim, the LR obviously would. A lot of people find out about CCJs they didn't know about when contacted by the LR and have a bit of a shock. :scared:

I've checked my credit file and show on there with values but not what type of order they are.

The LR records should show any charges or restrictions recorded against your property. :typing:

I'm only concerned about the one I've been making payments on whether they'll want payment in full or to carry on making the payments.

If they have a charge on this one (you don't specify), they'll expect to get paid from the proceeds of the sale. :wof:

Obviously better if they're paid off but would also like to come out of the sale with some money to start again.

CCJs not secured with a CO won't be paid off from the sale of the property. You should check with the LR to see who has a charge on your property.

[georgby99]

Re: CCJs will they block sale of house

Thanks for this, as far as I know or can remember I've never had anything from the Land Registry to say there are charges/restrictions on file and as it's a joint property would have thought my husband would be made aware too. I'll wait til the Land registry come back as to what charging orders are on the property and who with. Many thanks.