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rstriction agaist land notice
4 Answers
Hi, I have just recieved a 'notice of an application to register a restriction agaist the land' from the land registry office for an outstanding credit card bill in my husbands name. I am not sure what this means! does it mean i can be forced to sell my house and will it effect my mortgage renewal etc!
Please help!
Please help!
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It is indeed what sandmaster says.
It means the creditor wants its money back and to make sure your husband doesn't avoid repayment, the house cannot now be sold to someone else without the creditor being made aware of it and provided with the opportunity to recoup the debt from the proceeds of the sale.
If you try and remortgage with another company, they too will find out about and may be less inclined to offer you a mortgage, or less attractive terms.
It does not mean that you are being forced to sell.
It means the creditor wants its money back and to make sure your husband doesn't avoid repayment, the house cannot now be sold to someone else without the creditor being made aware of it and provided with the opportunity to recoup the debt from the proceeds of the sale.
If you try and remortgage with another company, they too will find out about and may be less inclined to offer you a mortgage, or less attractive terms.
It does not mean that you are being forced to sell.
1. You say "my house" but I assume it is in joint names - if your husband was not an owner the charge could not be put on.
2. Before the charge can be put on the creditor must have got a County Court Judgement against your husband, & he must have defaulted on the terms of the judgement.
3. Once the charge is in place the creditor can apply to Court for an order for sale. However, the Courts very rarely grant these if the debtor (i.e. your husband) is making reasonable efforts to pay off the debt. He must not just ignore it. If he has not already done so, he should apply to Court with an income & expenditure statement and an offer to pay a stated amount (as much as he can afford) each month. If the Court accepts that as a variation of the charging order then the creditor cannot get an order for sale so long as your husband complies with it - i.e. makes the payments regularly each month without fail.
He should get some advice - CAB or CCCS - if he needs help with this.
2. Before the charge can be put on the creditor must have got a County Court Judgement against your husband, & he must have defaulted on the terms of the judgement.
3. Once the charge is in place the creditor can apply to Court for an order for sale. However, the Courts very rarely grant these if the debtor (i.e. your husband) is making reasonable efforts to pay off the debt. He must not just ignore it. If he has not already done so, he should apply to Court with an income & expenditure statement and an offer to pay a stated amount (as much as he can afford) each month. If the Court accepts that as a variation of the charging order then the creditor cannot get an order for sale so long as your husband complies with it - i.e. makes the payments regularly each month without fail.
He should get some advice - CAB or CCCS - if he needs help with this.
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