I have recently obtained judgement on a couple that owe me a large sum of money. The summons was uncontested and i am now in the process of obtaining a charge on there property, the hearing is due in early October. On contacting the land registry i have been able to find out that there is a second charge on the property already over and above the mortgage company. Question: Is there any legal way i can find out how much that charge is for, as if its for a considerable sum and they rank above me it will negate me spending further time and money on this. Land registry are not able to help.
Not usually possible in my experience, although you could ask the couple direct for evidence, they are unlikely to be willing to provide it. Although you could advise them you have two choices, the charge (which you will put in place if they co-operate and provide the information you require) or bankruptcy, and let them stew. be careful though if they make themselves bankrupt before your charge is in place you will rank as an unsecured creditor.
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Do you know the answer?
Can I find out how much a charge on a property is?