web
You’re offline. This is a read only version of the page.
close
Skip to main content


Posted Sun, 16 Feb 2025 17:30:27 GMT by Jacqueline McAssey
Hi i have an interim charge in my home from 2008 i have managed to stay in the house as i havd been paying only the interest i am trying yo sell as my mortgage comes to the end and there is not enough equity in the house to pay this charge i will have nothing left. How can  i cancel it to avoid any delay with the sale many thanks 
Posted Mon, 17 Feb 2025 08:40:55 GMT by Adam Hookway
Hi Jacqueline - that all depends on how the charging order has been registered. What's the title number please?
Posted Mon, 17 Feb 2025 09:39:54 GMT by Jacqueline McAssey
Thank you so much for your reply and your help the title number is MS468722 i feel very embarrassed to have these charges and  a falure  to my kids now grown up these charges were done as we were guarantors to invoice finance companies of our small business the customer went bankrupt on us and the rest is where we are now there are final and interim charges 
many thanks
kindest regards
M Jacqueline 
Posted Mon, 17 Feb 2025 12:29:32 GMT by Adam Hookway
Jacqueline - many thanks for sharing. Totally understand how you feel and sadly such protected interests (charging orders) are not uncommon amongst people posting on online forums seeking help.
There are a couple of things to consider here both with regards applying to cancel the entries and what might be possible if selling.
The charging orders are protected by way of what are known as form K restrictions on the register as each has been made against one of joint owners.
As such, and if you are both selling, it is important to discuss with your conveyancer (and buyer's conveyancer) to consider whether you need to try and cancel the restrictions in order to complete the sale/purchase - our PG 76 section 4 explains how such restrictions can be overreached - Practice guide 76: charging orders - GOV.UK
It's quite a common scenario in such cases and one where you must rely on your legal advice.
There is a 'popular' thread on another online forum, Money Saving Expert and named 'Charging Order - the myth' which may also be of interest
If the decision is to pay off the debts and apply to cancel the restrictions then we would require form RX3 from you/your conveyancer or RX4 from the creditor as appropriate
I would suggest speaking to your legal rep first with regards PG 76 and how form K restrictions 'work' when a sale/purchase is ongoing
Posted Mon, 17 Feb 2025 12:47:08 GMT by Jacqueline McAssey
Thank you so much for your help i am really grateful the problem is that there wont be enough equity to pay i am worried that the sale wont go through and we will face repossession making things worst for us as it reads the form k restriction mean that our solicitor will have to prove you that a letter has been sent to the creditor advising of the sale? It is discouraging how many solicitors dont understand charges i have already paid a solicitor 100 pounds for initial advice, and his was it was better to let the house to be repossessed many thanks 
Posted Mon, 17 Feb 2025 13:31:06 GMT by Adam Hookway
Jacqueline - we deal with registration matters so can only offer guidance on how those matters might be dealt with. As PG 76 explains if there is a sale by the two of you, and the creditors are notified as per the restriction wording, then the restrictions can be overreached. 
What happens re the actual debts and repayment are not something we would then deal with until for example the creditor applied to withdraw the restriction on payment or you applied to cancel them after payment.
Your conveyancer/legal rep is best placed to explain what they think should happen here and why - I hope you find a way forward 
Posted Mon, 17 Feb 2025 17:44:04 GMT by Jacqueline McAssey
Hi many thanks for your help i am so so grateful now we can see a way forward  my kindest regards Jacqueline 

You must be signed in to post in this forum.

Sign in