what is a charging order????

3 posts Page 1 of 1
 
 

foolish

User avatar
Posts: 16
Joined: Thu Sep 06, 2007 11:21 am
Location: United Kingdom

Post by foolish » Sun Sep 23, 2007 4:32 pm
can anyone explain please?
 
 

mikebdomain

User avatar
Posts: 1126
Joined: Thu Aug 23, 2007 10:03 am
Location: United Kingdom

Post by mikebdomain » Sun Sep 23, 2007 5:28 pm
A charging order is a charge put against your land (property) and lodged at the land registry office. Most are awarded by the court. Some are entered by a creditor after you take out a secured loan against your property e.g. a mortgage

9.101 Introduction
A charging order is defined by the Charging Orders Act 1979 (the COA), section 1. Under the COA, section 1, a creditor may apply to the court for an order imposing a charge on any property, specified in the COA, section 2, (see paragraph 9.104), of the debtor to secure payment of any money due. The court will only make a charging order having considered the personal circumstances of the debtor and whether any other creditor of the debtor would be likely to be unduly prejudiced by the making of the order (COA, section1(5)).

FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker

Specialising in adverse credit.

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf
Last edited by mikebdomain on Sun Sep 23, 2007 5:31 pm, edited 1 time in total.
LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager

Directly Authorised Firm FSA No:313790
CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Sun Sep 23, 2007 5:57 pm
Quite simply a charging order gives an ordinary unsecured creditor the ability to get security for its debt, by registering it against the equity in your property. This then gives the creditor secured status, and you will have to agree a repayment programme with the creditor to persuade them from taking possessory action. Think of it as a second mortgage if you like!

When you come to sell the property, the charge will be discharged in full from the proceeds of sale, after any prior chargeholders have been paid.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
3 posts Page 1 of 1
Return to “postbag for september”