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Charging order, remortgage and confusion as to who now owns the debt!

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  • Charging order, remortgage and confusion as to who now owns the debt!

    Help please. We are needing to remortgage our property and have some charging orders against the property that prevent us from remortgaging (no company will touch us with these still in place). We have found a company that will lend us the money to pay them off however the original charge was registered with Lloyds who have now sold on the debt. Lloyds are now saying its nothing to do with them and they have no interest. However their name is still on the Land Registry. Can we ask them to discharge it and then renegotiate with the new debt agency? We are running out of time and this is getting really scary. Our mortgage is with Birmingham Midshires who no longer do domestic mortgages so we have to pay off the remaining mortgage either with a remortgage or we loose our home (we have three children)
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  • #2
    Hi, the original post was by me. As no one has replied can I assume either no one knows or I have posted in the wrong place
    ​​​​

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    • #3
      Someone must know something....... Anything?

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      • #4
        Or maybe someone can tell me the sort of solicitor I need to use and how much it will cost?

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        • #5
          I would really like to know the answer I’m in s similar situation

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          • #6
            In answer to the OP if Lloyds have no financial interest then they should remove the charging order, there's no reason for them to have it. If they won't you would have to apply to the court to have it removed.

            I would write to Lloyds with a Letter Before Action basically stating the charge is in their name, they have confirmed they have sold on the debt therefore have no legitimate financial interest in your property, they should confirm within 30 days they are applying to remove it or else without further reference to them you will apply to have it removed in the court including pursuing them for the costs of and occasioned in that application.

            The letter should find it's way to their legal team if you send it to their head office and you'll probably find something actually gets done about it.

            Originally posted by Confusedx View Post
            I would really like to know the answer I’m in s similar situation
            You need to start your own thread with your own circumstances to avoid confusion in answering.
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