It is hard enough as it is to sell a house. Add a charging order to the mix and you have got yourself a tangled mess. If you have a charging order against your house, then it is a hurdle in the way of making a sale. You will find it difficult to get the best possible price in this scenario. There is no need to worry, as this guide will answer all your questions. Questions such as can I sell my house with a charging order and what are the steps to do so?
First, let’s discuss the definition of a charging order. Then, we can move on to the process of selling a house with a charging order of CCJ.
What is a Charging Order in the UK?
If you owe a creditor a debt, then they can secure that debt against your home through a court order. This court order is called a charging order.
Then, after the court grants it, the charging order is registered with the Land Registry. This complicates the matter for you, the owner of the house. Whenever you decide to sell your property, the creditor has the right to receive a share of the proceeds of the sale. The amount is equal to the debt that you owe them.
What is a County Court Judgement (CCJ)?
Now, let’s discuss what a Country Court Judgement or CCJ is. This is also a legal court order. The court issues it against a debtor that did not repay their debt. The requirement of a CCJ is that the debtor must make the repayment within a certain timeframe. In case they fail to do so, then it can lead to further legal action against them.
Can I Sell My House with a Charging Order?
Fortunately, you can sell a house that has a charging order against it. However, it is more complex. In comparison to a standard sale, it takes longer. The downside to selling a house with a charging order is that a share of the proceeds of the sale goes to the creditor.
Is it Necessary to Sell a House with a Charging Order?
A question that arises in people’s minds is: does a charging order mean you are required to sell your home? Well, no, it is not an obligation. They will not force you to do so. Nevertheless, if you do decide to sell your property, then certain rules apply. For example, you must pay the creditor their share before you receive the money from the sale. So, how can I sell my house with a charging order?
It is not a forceful sale, but rather the debtor’s way of making sure you repay their debt.
How to Sell a House with a Charging Order of CCJ
Undoubtedly, it is challenging to sell a house with a charging order or CCJ. There is no need to worry as, with professional help and extra effort, it is possible. You can eventually pay off your outstanding debts by selling your property. Keep in mind that once you repay your debts, you can make a free to move on. Therefore, you must have hope while taking the necessary proactive steps to selling your property. Remember, it leads to a fresh start for you.
Steps for Selling Successfully
Following are the steps you must take to ensure a successful sale of your home with a charging order:
Getting a Professional Valuation of Your House
Through a professional valuation, you can find out how much your property is worth. Also, you can work out how much equity you own. This information is necessary when you negotiate with creditors. Thus, how can I sell my house with a charging order?
Reaching Out to Your Creditor
When you decide to sell your property, you should inform your creditor regarding taking this step. They may offer to negotiate with you a settlement agreement or payment plan to get rid of the charging order. Or even if it is a CCJ.
Getting Legal Help
With the help of legal advice, you can navigate through this complex process with the right information. It is the responsibility of legal professionals to make sure that your sale is legal and executed properly.
Remaining Transparent with Potential Buyers
If you want to build trust with potential buyers, then it is important to remain transparent. You must disclose the charging order or CCJ to them. This will prevent any surprises or complications later.
Maintaining Flexibility with the Asking Price
Since your property is difficult to sell because of the charging order, you must be flexible with the asking price. You need to prepare yourself to negotiate with potential buyers. If it is necessary, then lower your asking price accordingly.
Organising your Paperwork
Additionally, you must keep all the essential paperwork in order. This includes your CCJ or charging order documentation. By doing so, you can speed up the selling process. Furthermore, potential buyers can make an informed decision. Then, how can I sell my house with a charging order?
Hiring a Professional Home Stager
If you want to sell your home for a higher price and do so quickly, then stage your home. You can hire a professional home stage to do all the necessary work to make your property more attractive. As a result, more potential buyers will come your way.
What If I do not Have Enough Equity to Pay Debt?
Suppose you do not have enough equity to pay off your debt. In that case, you should negotiate a repayment or settlement plan with the creditor. You must do so before selling your property. Through this negotiation, you can agree to repaying the debt over time or paying a lump sum.
It is important for you to communicate with your creditor to arrive at a mutual agreement. Otherwise, you cannot sell your property to repay your debt. Therefore, you should know the answer to the question: can I sell my house with a charging order?
Please note that a charging order on your house means you will struggle to sell it. This is because a charging order or CCJ can limit the pool of potential buyers or deter them. Therefore, you must prepare yourself. Also, you need to remain patient and flexible with every potential buyer. Do not let the stress of the process get to you.
Furthermore, it is ideal to work with an expert estate agent. You should seek legal advice. This will help you navigate the complex process of selling a house with a charging order.
What Happens If I Have Enough Equity to Pay Off Charge?
The other scenario is that you do have sufficient equity in your property to pay off the debt you owe. Then, you can sell your property. However, if there is a charging order or CJJ against it, the creditor will receive their share of proceeds. Having enough equity makes the process easier.
What Happens After Repayment of Debt?
After you repay the debt you owe, your property becomes free of any legal order. This is because the creditor releases the charging order, or CCJ. So, if you have enough equity and sell your property to pay off your debt, you can move forward. It gives you a new start.
Can Someone Force Me to Sell My Home with a Charging Order?
Please remember that a charging order does not mean a forceful sale. It is not necessary. Nevertheless, when you cannot repay your debt, then the creditor can go to court to apply for a final charging order.
What is a Final Charging Order?
Now, what is the definition of a final charging order? Well, this type of court order allows the creditor to impose the debt from the assets of the debtor. For example, their land or property. It is the last step in the legal process. Therefore, it is called a final charging order. This legal process starts with getting a judgement in court against the debtor. Then, how can I sell my house with a charging order?
The creditor can take further legal action after the court grants a final charging order. They can seek an order for the sale of your property to enforce the debt. So, if you do not repay the debt you owe, your property will be sold to pay it off. Then you must sell your property. Although, usually, an order for sale is a last resort by the court. Only when all other methods of recovering debt are unsuccessful does the court grant such an order.
In certain cases, the creditor goes for an interim charging order before the court grants the final charging order.
What is an Interim Charging Order UK?
Through an interim charging order, the creditor can freeze your assets temporarily. For example, your property. This remains until a final decision takes place regarding the debt you owe.
It is difficult to sell your property if there is an interim charging order against it. You cannot do so until the court grants the final charging. Or until you finally repay the debt.
Keep in mind that it is best to seek legal advice as a final charging order is a serious matter. You need to be worth with the creditor to arrive at an agreement immediately. Nonetheless, how can I sell my house with a charging order?
Factors to Consider When Selling a House with a Charging Order or CCJ
Here are all the factors you should consider when you decide to sell a house with a charging order or CCJ:
Informing Mortgage Lender
If the property you are selling has a mortgage, then you should inform your mortgage lender regarding the charging order or CCJ. The reason behind this is that your mortgage lender has a legal interest in your property. Their involvement in the process of the sale is necessary.
In case you are already struggling to pay your mortgage, then a charging order of CCJ makes matter worse. Under such circumstances, the lender sees you as a high-risk borrower. Therefore, they can refuse to extend your mortgage or charge you higher interest rates.
Register with Land Registry
For a charging order to be effective, it must register itself with the Land Registry. When potential buyers or lenders carry out a search of the property, they will find out about the charging order.
Therefore, when you sell a property with a charging order or CCJ, you need to work with the Land Registry. This way you can update the property records. Make sure that they remove the charging order after you repay the debt.
Country Court Judgments and Court Officer
You must attend any court hearings that relate to your charging order or CCJ. In case you do not do so, the court can decide without your involvement. Then, how can I sell my house with a charging order?
Implications of Unpaid Debts
Please note that your unpaid debts have serious legal implications. This is because creditors have the right to charge statutory interest on the unpaid amount. This interest increases with time and can result in a very high total amount legally. Therefore, you will end up owing a lot more than you imagined. In certain situations, your creditor can take legal action to recover the debt you owe. As a result, there are additional charges and fees.
Is it Possible to Lose My Home with a Charging Order of CCJ?
The short answer is no, this is not necessary. Even if there is a charging order or CJJ against your home, you will not lose your property. There are certain situations where the creditor will agree to a repayment plan. Then, you can keep your home. They may even agree to a reduced settlement in some cases. Yet, how can I sell my house with a charging order?
Both the creditor and the court need to consider all the circumstances before they decide.
If you want to make sure that you get a fair trial, then you must seek expert advice from:
- Mortgage advisors
- Debt advisors
- Financial advisors
It is their responsibility to help you review your financial situation. Additionally, they will help with creating a budget and designing a plan to manage your debts. This includes statutory interests, charging order debt, and court expenses.
Protections and Rights of Those Who Have a Charging Order or CCJ
Under the Consumer Credit Act, you have legal protections in case you are facing a charging order or CCJ. It is important to know about this. The creditor must follow specific rules and regulations when approaching for repayment because of this act. For example, they must provide you with a notice of default. Furthermore, allow you time to give your response. This guide answers the question: can I sell my house with a charging order?
To conclude, it is challenging and stressful to deal with a charging order or a CCJ. If you want a successful outcome, then it is ideal to reach out for expert advice. Selling a property with a charging order or CCJ requires taking certain steps. For example, getting a professional valuation, informing the creditor, and remaining upfront with potential buyers.
You can make sure that you are complying with all legal requirements by following the above necessary steps. Moreover, you will make the process of selling smoother.
Working alongside an experienced individual who knows how to guide you through the process is the factor behind your success. By contacting a professional, you will get the necessary support to deal with legal proceedings. Moreover, you can manage to sell your property to repay the debt you owe. It takes time to resolve such a situation. However, you should remain optimistic and focus on achieving your goal.