Re: Fraudulent misrepresentation and Prenuptial agreement
Put prenupt (family law)/ fraud misrepresent. to the side. It is an unsecure creditor with a charging order. Charge order requires a court order to take possession of the property. It is not the same power a bank (secure creditor, ie first mortgage) has. Please tell us about the value of the debt. How much is the property worth, ie how much equity? Is the property subject to an interim charging order now, or is this about to happen? Yiou can challenge a charging order via a non secure creditor as it only an equitable interest (not proprietary). They do not have an interest in land (ie property), just the debt you owe them. If you have the house was assigned via a joint tenancy (than a single owner) you have protection from eviction too, as there is legal and equitable interest. NB: this should have been posted on the property forum.
Originally posted by James Last
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