our house

[Never-In-Doubt]

Re: our house

My point is that the purchaser's solicitor will mostly refuse to complete unless all charges are guaranteed to be paid and removed on completion. It's not only the vendor's solicitor who has to be willing to co-operate it's the other party to.

But the charge does not have to be paid, usually in such cases you would request that the purchaser solicitor write to the Land Registry confirming that their client now owns the house, hence the charge is released.

You're looking too deep into this, point is the process is easy and any good solicitor will tell the purchasers the process, ie it does not affect them in any way whatsoever so stop stressing kinda thing.

Beaumont Legal is one of the biggest conveyancors that do it near me.... Basically to release the restriction you need to let the purchaser know early doors and consider knocking the price of sale down or offer a cash incentive for them to request that their solicitor send the notice in. The seller doesn't need to do much, it is all down to the purchaser in reality!

The debtor and his joint owner’s freedom to sell the property is not affected by such a restriction. They could sell the property as if there was no charging order against the debtor. All that was required was that the new buyers or their solicitor write to the creditor informing them that they now owned the property and then confirm to the Land Registry that they had given that notice. Then the buyers could register the property with no further complications. The creditor, who is sitting back, waiting to get paid, instead just receives a letter confirming that a sale has already taken place, typically a week or two after the sale so there is little they can do to get the debt paid. In theory the creditor could apply for a freezing order against the debtor to try and obtain the cash from the sale proceeds. However, most creditors will never make such an application:

The cost of applying for such a freezing order would run into thousands of pounds. The debtor might have spent the cash from the sale of the property before the freezing order was obtained, so there is little, if anything, for the freezing order to bite on.

[PlanB]

Re: our house

I speak from personal experience as a purchaser whose solicitor refused to complete on a tansaction until all charges were removed. In my case the vendor was in negative equity and couldn't pay the creditor the sum due (£1,500 approx) out of the proceeds of the sale. So she reduced the sale price of the flat accordingly and I (the purchaser) paid the creditor direct on completion.

This happened because the mortgage providor would not release the funds unless the property was free of all charges on completion. It's a standard condition in all mortgage contracts. Obviously with a cash buyer it could be different. But 90% of property transactions involve a mortgage lender these days.

My contribution is made so as not to raise the expectations of S2M who is weighing up her options on how to manage her unsecured debts, her CCJs, her mortgage and her struggling business. She's receiving some benefits and it seems every penny counts with her budget. I feel it may be unwise to feel overly confident that she can rely on the £6,000 debt evaporating on the sale of her home. Because if her husband (it's his debt) starts work again the creditor could pursue him for an attachment of earnings.

The OP's home is possibly in negative equity.

[Never-In-Doubt]

Re: our house

I speak from personal experience as a purchaser whose solicitor refused to complete on a tansaction until all charges were removed.

Ahh but you need to check this before you appoint a conveyancor you see. So in theory, in this day and age if you ever appoint one always check how they're prepared to deal with things - just in case

I know you know your beans so I am not teaching you to suck eggs, I am just saying it's a fine line and a hard one to make the right call on - I am not suggesting it is easy, it should be, but I bet it aint... You can confirm this, I can't so I'll go with you on it

In my case the vendor was in negative equity and couldn't pay the creditor the sum due (£1,500 approx) out of the proceeds of the sale. So she reduced the sale price of the flat accordingly and I (the purchaser) paid the creditor direct on completion.

Ahh see, similar to what I was trying to imply above - basically there are ways around it but still you as the purchaser instruct your solicitor, they cannot tell you what to do - you tell them, 'send this to LR as it is' and they must do it. You would draft up the document, to make life easier for the seller... But for the same respect we seen with the case linked above, most won't get involved usually due to lack of knowledge and as you correctly say, the risk that they'd be liable if it went wrong

My contribution is made so as not to raise the expecations of S2M who is weighing up her options

Totally agree.... Thanks for bringing this to the table, always best to see both sides of things.

Thanks planB

[PlanB]

Re: our house

Hopefully all this will be completely redundant information for S2M who we will help fight to keep her home and not sell it, and certainly not get it repossessd. That's the plan anyway

[Spent2much]

Re: our house

Hopefully all this will be completely redundant information for S2M who we will help fight to keep her home and not sell it, and certainly not get it repossessd. That's the plan anyway

just received the form for the variation on the charge, hubby is going to ask for it to be reduced to £1 we need all the money we can free up to pay the mortgage. Also not sure if anyone read what i said about the ccj which is mine, but this was only a £1 a month when the ccj was granted but when we started the dmp with payplan they offered them £3.89 , i may apply for this to reduced to be on the safe side i think.

[Spent2much]

Re: our house

The form has some questions i would like opinions on how to answer please ?

We are in arrears with our NIC also the water rates and the water company have reduced the monthly installments to £20 until a four month review , shall i put down the arrears on both and the reduced amount we pay, we no longer pay NIC as the business does not make enough , but we still hav arrears until we get a reply from NIC to see if they will take any off .

Also shall i cancel this months payment via payplan which is £27.77 and enclose a £1 postal order with the form which has this option , does this show willing ?

[PlanB]

Re: our house

just received the form for the variation on the charge, hubby is going to ask for it to be reduced to £1 we need all the money we can free up to pay the mortgage. Also not sure if anyone read what i said about the ccj which is mine, but this was only a £1 a month when the ccj was granted but when we started the dmp with payplan they offered them £3.89 , i may apply for this to reduced to be on the safe side i think.

Do you mean the CCJ still only says £1 a month and the increase was volunteered by PayPlan but the original order was not varied upwards Because if that's the case then maybe you don't need be apply for a redetermination on that one and you could go back to paying the £1. Someone on here will help because this is not my subject area

[Spent2much]

Re: our house

Do you mean the CCJ still only says £1 a month and the increase was volunteered by PayPlan but the original order was not varied upwards Because if that's the case then maybe you don't need be apply for a redetermination on that one and you could go back to paying the £1. Someone on here will help because this is not my subject area

I think this is what happened ,but thiniking about it i now feel that payplan who helped me fill in the form for the ccj actually told me to put down £3.89, i could always ask the dca who have the account they should know what the ccj was set at .

[Spent2much]

Re: our house

I just want to say thank you to you all for guiding me through this i appreciate it a lot and feel much more positive now and glad i listened and we are now keeping our lovely home.

The problem of this months mortgage is still here though as we won't have the full amount and they are xpecting full payment plus £30 arrears .

[Spent2much]

Re: our house

The arrears pf £30 a month is too much for us to manage we did tell the mortgage company that we needed it to be less but they said NO , i am thinking more like £10 off the arrears which would be better .

[kilasuit]

Re: our house

The arrears pf £30 a month is too much for us to manage we did tell the mortgage company that we needed it to be less but they said NO , i am thinking more like £10 off the arrears which would be better .

Can you not ask for the term to be extended to lower the normal payments to a level that allows the arrears to still be paid of at the level they are now???

[PlanB]

Re: our house

I just want to say thank you to you all for guiding me through this i appreciate it a lot and feel much more positive now and glad i listened and we are now keeping our lovely home.

The problem of this months mortgage is still here though as we won't have the full amount and they are xpecting full payment plus £30 arrears .

I know that end-of-the-month sinking feeling only too well

This is what I would do:

* make Kensington mortgage your top payment priority because that's your home and the roof over your head. Pay them as much as you can afford this month even if it leaves a shortfall. As long as the lender is getting something it will help. Mortgage repossession proceedings aren't supposed to commence (Pre Action Protocol) unless a borrower is in a full six months arrears situation. If you keep paying something it will stop you having *full* months arrears.

* change the payment date to "the last working day of the month" if you haven't already done this. Kensington have that option and it's amazing what difference a few days can make when it comes to finding the money

* apply to have your mortgage interest paid by the DWP (SMI?) as FP has already suggested

* write to Kensington and tell them you have made an application for SMI and ask them to put your account on hold while this benefit is being assessed. They have to do that as part of Pre-Action Protocol.

* change your mortgage to 'interest only' to keep the payments down if you haven't already done that (I think you said you have)

* apply for any other benefits both you and your husband may be entitled to.

I'm not familiar with CCJs and redeterminations etc but others on here are sh*t hot on this topic

You're getting there one step at a time and you'll look back and feel proud of yourself for battling this out

[Spent2much]

Re: our house

thank you planB, at the moment we haven't stopped trading we are giving it two weeks and then making a decision.

We will offer the mortgage all we can afford , we feel better knowing that kensington have to follow this protocol .

[PlanB]

Re: our house

thank you planB, at the moment we haven't stopped trading we are giving it two weeks and then making a decision.

We will offer the mortgage all we can afford , we feel better knowing that kensington have to follow this protocol .

How do you make your mortgage payment? Is it over the phone by debit card on the auto system, or do you have to speak to someone to give your bank details which leads to them not accepting your "offer"? Is your account being managed by the Collections team, the Serious Arrears team or the Pre-Litigation team? Kensington will have an escalation process and each department is limited as to what they can negotiate with you.

Did your mortgage originate with Kensington or was it with another lender like GMAC who sold it on? All the non-organic mortgages are managed by Homeloan Management Ltd based in N. Ireland (you can tell by the accent when they answer the phone) which has 'caught the eye' of the FSA recently for the way they handle customers in arrears If you're dealing with Kensington's Skipton office it will be easier

[Spent2much]

Re: our house

How do you make your mortgage payment? Is it over the phone by debit card on the auto system, or do you have to speak to someone to give your bank details which leads to them not accepting your "offer"? Is your account being managed by the Collections team, the Serious Arrears team or the Pre-Litigation team? Kensington will have an escalation process and each department is limited as to what they can negotiate with you.

Did your mortgage originate with Kensington or was it with another lender like GMAC who sold it on? All the non-organic mortgages are managed by Homeloan Management Ltd based in N. Ireland (you can tell by the accent when they answer the phone) which has 'caught the eye' of the FSA recently for the way they handle customers in arrears If you're dealing with Kensington's Skipton office it will be easier

hubby phones to make a payment and i think it is with the collctions dpt, also i think they are scottish how he speaks to lol , we pay by debit card , we also found a free phone number to ring and that has cut our bill down by about £3-4 a month as they are thorough when you phone them they enquire how business is going and i was ill a few months back and they even asked if i was well again

hubby says its with collections , but he thinks the people he speaks to are Irish ,but the past few months have not been Irish .