Inquiry about CCJ & Restrictions on Land Registry

[tksnota]

Hi

I知 new into this forum so I will provide a bit of context about myself and problems that I need advise

I migrated in this country and doing well managed to buy a house via help to buy. But this year (2023) I was scam with a lot of money and attempted suicides a few times

I now recover from my suicides and ready to face my debts. I have a few questions hope you can answer

1. I知 having difficulties finding solicitor(s) to explain to the buyer(s) solicitor that a restriction is an initial charging order that may or may not get paid the debtor. The only requirement is inform the debtor about the sale and if they can issue a freeze order then it can secure the money. Is this correct? Do you know any solicitor that can help on this matter?

2. How many days do I need to give for the debtor about the sale?

3. I have a Help To Buy (HTB) on this property as I mentioned earlier. What will happen if I decided to pay the HTB with restrictions on the property

4. Can the restrictions be removed upon payment of HTB? Can it be reinstated if we still want to live in the property and haven稚 paid the high street loan?

5. I also said I知 new in this country so need understanding about legal matters on debts. Can a CCJ actually force me an order of sale even if the property is mortgage between me and my wife

Looking forward to hear from you

[R0b]

Hi,

1. I知 having difficulties finding solicitor(s) to explain to the buyer(s) solicitor that a restriction is an initial charging order that may or may not get paid the debtor. The only requirement is inform the debtor about the sale and if they can issue a freeze order then it can secure the money. Is this correct? Do you know any solicitor that can help on this matter?

I don't understand what you mean. Any solicitor or conveyancer who handles property sales should know what a charging order is, so there should be no explanation needed. Assuming there is a final charging order on the property, your solicitor should pay the debt out of the funds received from the sale, which is also a condition of sale usually requested from the buyer, that you make sure the charging order is paid and discharged. If there is not enough equity in the property to discharge the charging order then you are unlikely to be able to sell the property without an order from the court.

2. How many days do I need to give for the debtor about the sale?

Again, I don't understand. Are you the debtor (the seller who has the charging order) or the buyer in this situation? I am taking the assumption you are the seller/debtor. If you are the seller/debtor why are you informing yourself about the sale? If you meant the buyer, you don't need to inform the buyer, their solicitor or conveyance should tell them this information about a restriction. If you mean the creditor who you owe the money to, you don't really need to inform them as such. Your solicitor should be able to handle that and get in touch with them to arrange payment.

I have a Help To Buy (HTB) on this property as I mentioned earlier. What will happen if I decided to pay the HTB with restrictions on the property

Not familiar with HTB but I understand you have to repay your HTB back if you sell your home.

4. Can the restrictions be removed upon payment of HTB? Can it be reinstated if we still want to live in the property and haven稚 paid the high street loan?

I don't understand the question. If the restriction is related to the charging order then the answer is no. The restriction will be removed only when you have paid it off in full. Last time I recall is once you have paid the charging order off and have evidence of that you need to apply to the land registry to remove it. There may be a fee involved in doing so, I can't remember.

5. I also said I知 new in this country so need understanding about legal matters on debts. Can a CCJ actually force me an order of sale even if the property is mortgage between me and my wife

Yes it is possible but there is requirements for an order of sale to be made and it is not easy to do especially if the sale will make you homeless as you do not have enough to purchase another property. Typically many creditors will allow the charging order to remain on the property without seeking an order for sale since they will get paid once the sale goes through at a future date.

[tksnota]

Hi

I read that that a restriction is not a final charging order.

My understanding that before the final sale of the property I only need to give the creditor(s) that issued the order(s) an advice about the sale maybe 14 days and if they wouldn稚 be able to provide a freeze order (this is just a guess) on time then no payment would happen

Please advise if my understanding is correct.

[Tapper123]

Please ignore my post earlier

[tksnota]

If a restriction has been successful, do I still need paying the creditor(s)? If so, can I pay any monthly amount I can as long I can afford it?

[R0b]

Final charging orders are a different kettle of fish and are obtained through legal proceedings. I have no idea what you have been reading but a restriction limits your power to dispose of the property unless the requirements of the restriction have been met. Typically, a buyer would want an undertaking from the seller or their solicitor to discharge the restriction on or before completion of the sale.

If you want to know more about restrictions then you should read the Land Registry's Practice Guide below.

Practice guide 19: notices, restrictions and the protection of third-party interests in the register - GOV.UK (www.gov.uk)