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Getting a final charging order set aside

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  • #1

    Getting a final charging order set aside

    A final charging order has been placed on my property. The house is mortgaged jointly. The charging order was made because of a debt my ex had. I didn't even know the order had been put on the property until I tried to get her removed from the mortgage. At the time I didn't know you could try and have it set aside and NRAM were no help. This happened in 2010. Now I know more about it I have been advised I could try and have it set aside. Here are my main concerns
    1. Can I have it set aside now or am I 5 years too late?
    2. Can I represent myself at the hearing to have it set aside?
    3. How much potentially could it cost?
    4. If I win does my ex pay the court fees?
    Please be aware the property has no equity. All I want to do is get it set aside so I can then transfer the property in to my own name! Please help!

    The reason I posted in the bankruptcy thread is I thought if she goes bankrupt then the official receiver would automatically let me 'buy' her share for a small fee and then she would no longer be on the property? But if there is a charging order what happens??
  • #2
    Re: Getting a final charging order set aside

    I didn't even know the order had been put on the property until I tried to get her removed from the mortgage.

    This suggests that you have only just found out about the order?

    At the time I didn't know you could try and have it set aside and NRAM were no help.

    But this suggests that you knew about the order some time ago but didn't realise that you could apply for it to be set aside. Set aside applications may be rejected if they have not been made promptly so the date you knew about this is important.

    NRA is presumably your mortgage lender? If so, there is no reason why they should have helped you with this - it is no concern of theirs.

    What grounds do you have for disputing the order? You aren't likely to succeed with a set aside application unless there seems to be good reasons for thinking the original order should not have been made. Not knowing about the order is not in itself sufficient.

    All I want to do is get it set aside so I can then transfer the property in to my own name!
    Has your mortgage lender agreed to this? That would be very unusual if there is no equity.
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    • #3
      Re: Getting a final charging order set aside

      The order was placed on the property in 2009. I had no idea this was happening! I didnt no she had defaulted on any credit cards, store cards etc. as naive as it sounds I didn't even know she was in debt! I knew she had cards but she never implied she was in financial difficulty or needed help. We broke up in 2008 and it was only in 2010 when my new partner (who happened to work for a bank) advised me I could transfer the property to my sole name with my exes agreement. NRAM (northern rock) agreed I could have the property I paid all the relevant fees and it was only at the final stages NRAM made me aware there was a charging order. I asked what that meant and they said 'lloyds tsb have placed a charge in the property because your ex has defaulted on a £9000 loan' they also advised me there was nothing I could do except pay her debt!! Even though the debt isn't mine!

      - - - Updated - - -

      And yes nram agreed to let me take over the mortgage as I proved I had paid it for 2 years with out any contribution from my ex

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      • #4
        Re: Getting a final charging order set aside

        I have read that there are ways round the charging order, but that might just be for a sale.

        Would your new partner buy the property and you pay the mortgage.

        But I don't know if they could still have balliffs remove items of yours.

        Is it possible to take your ex to the small claims and put a charge on her property.

        of course I have no experience apart from having a CO myself, just a few thoughts you could look into.

        Sorry if I'm poking my nose in.
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        • #5
          Re: Getting a final charging order set aside

          I can't sell the property whilst the charging order is on there. My ex has said she won't agree to let me have the property in my sole name since we discovered the charge was on the property. She wants to wait until there is enough equity in the property to clear her debt. Then and only then she will agree to sell the property. But she doesn't contribute at all to the mortgage payments. So effectively I will be paying her debt with MY equity. I'm trapped. I thought if I could get it set aside it would no longer be secured. And she will have to bankrupt because she has a lot more debt aswell. Then if she goes bankrupt I get the house as there's no equity??

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          • #6
            Re: Getting a final charging order set aside

            you can sell the property with a charging order on it.

            you need a solicitor that knows this, not all do/want to know.

            I will try and find the info.

            All you have to do is let the CO people know you are selling.
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            • #7
              Re: Getting a final charging order set aside

              Can he sell it without the Wifes consent as well she is joint owner

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              • #8
                Re: Getting a final charging order set aside

                She's not my wife we were never married. No I can't sell without here permission.

                Comment

                • #9
                  Re: Getting a final charging order set aside

                  As the debt is purely the ex partners there should surely be only a " restriction " on sale not a full CO.

                  nem
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                  • #10
                    Re: Getting a final charging order set aside

                    The court papers say a charging order. If it is a restriction how does this change things??

                    - - - Updated - - -

                    Originally posted by nemesis45 View Post
                    As the debt is purely the ex partners there should surely be only a " restriction " on sale not a full CO.

                    nem
                    The court papers say a charging order. If it is a restriction how does this change things??

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                    • #11
                      Re: Getting a final charging order set aside

                      If the CO is removed the problem still is the EX will not allow the sale whats the advice there?

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                      • #12
                        Re: Getting a final charging order set aside

                        Originally posted by wales01man View Post
                        If the CO is removed the problem still is the EX will not allow the sale whats the advice there?
                        yes that's correct. so I will still be stuck. unless anybody can advise anything else?

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                        • #13
                          Re: Getting a final charging order set aside

                          Given all the circumstances couldn't the OP apply for an order to force sale? Then, effectively, "buy" it himself?

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                          • #14
                            Re: Getting a final charging order set aside

                            Originally posted by stevemLS View Post
                            Given all the circumstances couldn't the OP apply for an order to force sale? Then, effectively, "buy" it himself?
                            Isn't forcing the sale really expensive though?

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