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Charging Order HELP please

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  • Charging Order HELP please

    Hi, I would be so grateful for any advice please. My father and I thought we had secured a remortgage, however have found out my estranged mother has two charging orders against the house. We have been told we can’t proceed until we know how much they are for and then can agree to pay them back once the mortgage goes through. However my mother has not been cooperative and as the debt is not in my fathers name despite also being in the deeds he can’t find out either.
    Im not sure what to do to resolve this? We need to get the remortgage done by October, I am so scared for the future of my children and I if we can’t sort this out as we cannot afford to not live with my father- I was being added to the mortgage to pay from this point on as my father is due to retire in the next few years. Any advice would be very much appreciated, thank you so much
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  • #2
    Who owns the house, as shown on the Land Registry title document?

    What is the exact wording of the Restriction(s) on the Land Registry document in respect of these charging orders?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Hi Atticus, thank you so much for your response, my mother and father are both named on the deeds, the wording is as follows-

      (03.08.2005) RESTRICTION: No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to Nationwide Building Society at Kings Park Road, Moulton Park, Northampton,being the person with the benefit of the interim charging order on the beneficial interest of xxxxx( my mother) made by the Cardiff County Court on 11 July2005. Court reference xxxxxx

      The other order has the same wording too, just a different creditor.


      Thank you in advance for any guidance, it really is so appreciated

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      • #4
        Hi All,

        Just bumping this up if there is any further advice available - thanking you in advance

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        • #5
          If your mother and father own the property as joint tenants did she give her consent to remortgage the property?

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          • #6
            Hi, thank you for your response, yes, she has given consent for the remortgage, but now won't share how much is owed on the charging orders and my dad cant find out as the creditors will only share the info with her as they are in her name.



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            • #7
              Good evening,

              Apologies, clutching at straws, I think, but if anyone has any further advice, it would be highly appreciated . I completely understand it's quite a unique situation.Many thanks in advance

              Comment

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