Charge On Home

[bluecrush]

Can a charge be placed on my home without been informed first?

[factor-fiction]

Has it already happened? How did it arise?

[bluecrush]

My ex wife has used a solicitor to remove her name from the deeds/equity. a re mortgage option wasnt available so the house went up for sale. I represented myself. But if she has legal aid she may have had the option to put a charge on the house, is this possible without me knowing this ?

[bluecrush]

when i attempted to apply for legal aid i signed for a (possible) charge but the legal aid never went through, so i know i never placed a charge so im thinking if she had the same option would i be informed, The courts never mentioned this and her solicitor hasnt and my mortgage company hasnt informed me. But i dont want a nasty surpricse by her horrible solicitors especially when ive added no costs yet i could end up been out of pocket...

[ubasses]

Check with the Land Registry

[DJHawkes]

they have stopped legal aid for domestic cases from april 1st i thought

[bluecrush]

Thank you both for your messages. I did have a look on that site but its like a mine field and wasnt sure where to look. The court order was applied in january 2013 ends in aug 2013 she wants the house sold if i cant re mortgage and a sum of £3500 which both was agreed in the courts. again no mention on the day of a charge , surely i would have been informed?

[bluecrush]

Her solicitor has been acting for her for over 3 years now thats why i dont want a nasty surprise, she works full time but the correspondence from her part has been huge inc a financial order served in oct 2012 which was the reason for the court hearing in jan 2013, the judge did say the case is now closed and the dates and her money release of £3500 on the order are set, and no more orders can be made be either party...

[bluecrush]

ive just downloaded the "land register" .pdf £3.00 and there are no new additions since the purchace date. Thats if im looking and downloaded the correct document ?

[mazie]

Ring Land Registry, they are really helpful and will tell you.

[Peter Pedant]

I agree with Mazie: ring the LR, they are very helpful,

[tonywiltshire]

The answer to your question is no you would be aware. A charging order can only be made if judgement has been entered and you have defaulted you would have been given at least 21 days’ notice that an application had been made. The process is that an interim charging order is made followed by a final charging order which can have conditions attached, one of which can be to prevent the charging order being used as the basis for an order for sale.
Some creditors request the court to make judgement for immediate payment so that they can apply for a charging order which unfortunately some District judges regard as normal. Have a look at section 73 of the Civil procedure rules.

[Debs28]

I would contact your local County Court to see if they can do a search to see if your name or address comes up in their files. When a charge is applied for there is an interim charging order raised and a date to attend court to make the order final. This is sent out to both parties so you would have been informed assuming you havent moved addresses and your ex didnt know. If you didnt receive any of the paperwork ask the court about setting the order aside. This means you will go back to court and get your time in front of a Judge. On a side note, how did your ex get her name off the mortgage? I thought you couldnt just do that?

[bluecrush]

she hasn't removed her name as yet ... the county court gave me two options
I either re mortgage or sell... I'm self employed and have been for done time
and it's very difficult to remortgage so I'm forced to sell. I've since contacted
the land registry and they have confirmed no new additions in the way of charges on the house other than ironically when I added her name .....

let that be a lesson to anyone rise considering adding there spouse !!! thanks guys for your replies and advice it helped a great deal