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I have two charging orders/form K restrictions against my name but we want to sell
I have two charging orders/form K restrictions against my name but we want to sell
Posted
Wed, 19 Jul 2023 13:19:57 GMT
by
Jacqueline McAssey
Hi i have come across this forum as we have restrictions on our property it looks k restrictions and solicitors dont seem to understand them very well it is as follows ' No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to .......ABC bank'
can we sell the property or can they stop the sale
many thanks
Kind regards
Jacqueline
Posted
Wed, 19 Jul 2023 13:24:21 GMT
by
Adam Hookway
Hi Jacqueline - PG 76 explains how form K restrictions can be overreached on a sale/purchase provided the restriction wording is complied with.
It's your solicitor(s) and lenders who decide whether you can sell or but so we can't say Yes or No to such a question. But PG 76 is quite clear re our guidance to creditors as to how their protected interest, the charging order protected by a form K restriction, can be overreached and automatically cancelled following a sale/purchase as PG 76 explains
All we can do is guide you to PG 76 as explained above
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