Interim charge on my house

[Doglover]

I need some advice please. I have today received notice of an interim charge from the Land Registry concerning an ancient credit card debt. It is a bit of a blow, but what I want to know is, will it delay the sale of my house.

I am in a dire position in that after ill health and not being able to work, the mortgage arrears built up and the mortgage company applied for repossession back in November. I did not attend because I was applying for the mortgage rescue scheme and was assured by the lender that the hearing would be adjourned. It wasn't because the council didn't tell them early enough.

Anyway, after a few months of faffing about with a little hitler from the housing department, who really did not know what he was doing regarding the scheme, I decided I would be better off selling the house and taking the equity. I am 65, have not been well, and just want to relax in my old age.

I put the house up for sale in February at a reasonable price and the lender agreed over the phone to wait till it was sold. Then I got an eviction order.

I dropped the price by £30,000 and got a quick sale, but they will not cancel the notice until contracts have been exchanged which needs to be by the end of June. All parties are in agreement with this.

Now though I have this interim charging order which is not due to be heard until 22nd July and I am scared it will hold things up.

Any advice would be greatly appreciated.

[PlanB]

Re: Interim charge on my house

What happened to your Mortgage Rescue Scheme application? If that was in the pipeline when the lender got that possession order then it should not have happened and you may be able to apply to get the order set-aside. Not going to the hearing because you were told it was adjourned is perfectly reasonable. The lender going ahead with the hearing behind your back despite saying that they wouldn't is not reasonable. It's cheating.

You're losing £30,000 of your hard earned money by being bullied into a quick sale to avoid an eviction which should have been stopped. You can apply to the court to get it stopped but you will need help.

Do you want to stay in your home? Because that's not an impossibility if you get professional help even at this late stage :hug:

Before you throw in the towel and live in fear of eviction please ring the free Shelter helpline on 0808 800 4444 and talk to one of their advisors.

There's some information here about the repossession process and the rules that lendes have to abide by first. Repossession is only supposed to happen as a last resort:

http://england.shelter.org.uk/get_advice/repossession

[Doglover]

Re: Interim charge on my house

What happened to your Mortgage Rescue Scheme application? If that was in the pipeline when the lender got that possession order then it should not have happened and you may be able to apply to get the order set-aside. Not going to the hearing because you were told it was adjourned is perfectly reasonable. The lender going ahead with the hearing behind your back despite saying that they wouldn't is not reasonable. It's cheating.

You're losing £30,000 of your hard earned money by being bullied into a quick sale to avoid an eviction which should have been stopped. You can apply to the court to get it stopped but you will need help.

Do you want to stay in your home? Because that's not an impossibility if you get professional help even at this late stage :hug:

Before you throw in the towel and live in fear of eviction please ring the free Shelter helpline on 0808 800 4444 and talk to one of their advisors.

There's some information here about the repossession process and the rules that lendes have to abide by first. Repossession is only supposed to happen as a last resort:

http://england.shelter.org.uk/get_advice/repossession

Thank you for replying. First of all, the man from the housing department told me that I was only going to get 80% of the outstanding mortgage, not 80% of the value of the house. When I told him he was wrong, he wouldn't have it. Then he tried to bully me into going on the housing register - he said I had to be on the register in order to apply for the mortgage rescue scheme. This is rubbish and as far as I am concerned, I have another option which I was taking: to sell and rent privately. I can get housing benefit once the proceeds go down below £16,000, but I can only get a mere pittance toward the mortgage. The mortgage is interest only anyway, so not much different to renting except that I have to pay for repairs which I can't afford.

As to the mortgage rescue scheme, the man from the housing department was never there to talk to, even when he wrote and asked me to phone at a certain time. I sent all the documentation back and never heard any more, I assume because I refused to apply to the housing register. I did start to apply online just to shut him up, but they wanted a completion statement for a house I sold five years ago and wouldn't tell me why. I thought this was none of their business.

No, I don't want to stay here. I have only lived here four and half years and I no longer like it. My son, who has learning difficulties, has moved into supported housing and he was the only reason I was staying in the area.

Without him here, I can actually afford the repayments until the sale goes through, but I tried to explain this to the lender yesterday and was talked over by some pratt who kept telling me they would only except confirmation of exchange of contracts or the full balance. I just want out now, and if I can walk away with a substantial amount I shall be happy. It seems that if you own anything, there is always someone trying to take it away.

I have been told that if I ask the court for a delay in proceedings a judge will likely be on my side as I am able to pay the contractural payments now. I would rather it didn't get that far and I get my sale through. I am sick of the neighbours and everything else. Don't want to sound self pitying, but I have found a lovely bungalow were I can rent and they will accept my two giant dogs (not easy) and I want to get on.

So, will this interim charging order slow down my sale? That is really what I want to know.

[PlanB]

Re: Interim charge on my house

I'm not a lawyer but as I understand it you can still sell your house with an interim charging order on it but your solicitor will have to pay off the amount owed to the creditor on completion of the sale At the moment (before the final charging order hearing listed for next month) I think you'll find that the interim charge is registered as a "Restriction" with Land Registry. There's a better explanation on the LR website here:

http://www.landregistry.gov.uk/publi...blic-guide-23a

If the house is in joint names then the creditor may not be able to collect the whole credit card debt if that account was in your sole name.

[Doglover]

Re: Interim charge on my house

I'm not a lawyer but as I understand it you can still sell your house with an interim charging order on it but your solicitor will have to pay off the amount owed to the creditor on completion of the sale At the moment (before the final charging order hearing listed for next month) I think you'll find that the interim charge is registered as a "Restriction" with Land Registry. There's a better explanation on the LR website here:

http://www.landregistry.gov.uk/publi...blic-guide-23a

If the house is in joint names then the creditor may not be able to collect the whole credit card debt if that account was in your sole name.

Thank you. My main concern is that the sale is not held up and you have put my mind at rest.

[PlanB]

Re: Interim charge on my house

Thank you. My main concern is that the sale is not held up and you have put my mind at rest.

I'd also like to wish you and your two giant dogs the very best of luck in your new home :beagle::beagle:

[Doglover]

Re: Interim charge on my house

I'd also like to wish you and your two giant dogs the very best of luck in your new home :beagle::beagle:

Thank you again. It is very hard to find somewhere to rent with dogs of any size, but when they realise they are the size of two small shetland ponies, even the "pets considered" ones take a hike!

[scoobydoo]

Re: Interim charge on my house

Have just read your thread - and just want to to say I hope your sale goes through , although you have had to drop your price this is definitely preferable than having the lender sell after possession at auction. Fingers crossed this will lead to a fresh start for you.

[Doglover]

Re: Interim charge on my house

Have just read your thread - and just want to to say I hope your sale goes through , although you have had to drop your price this is definitely preferable than having the lender sell after possession at auction. Fingers crossed this will lead to a fresh start for you.

Thank you. When you have animals and they are part of your life, as mine are, everything becomes more difficult.

[scoobydoo]

Re: Interim charge on my house

I have a rescue lurcher /cross lab who has just had two ops for cruciate ligament damage . My insurance has run out and has just cost us £1000 ( insurance was for £4000.00) . But you just find the money somehow because as you say they are part of the family. So I totally understand.

[Inca]

Re: Interim charge on my house

Me too. I have 4 cats (1 by choice,1 inherited and 2 as a birthday present that I couldn't refuse lol)
My Patch had an accident that ended up costing me over £1000 but he's worth it,you never give up on a pet.