Frequently Asked Questions at Restons Solicitors

Charging Orders

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What is a Charging Order?

A Charging Order is an Order of the Court which secures an outstanding County Court Judgment (CCJ) debt against your interest in a property at HM Land Registry.

If you sell or remortgage your property, the amount owed under the CCJ will be repaid from any surplus funds that are available.

A Charging Order does not mean that your property will be repossessed; however it will remain registered against your property until the secured balance has been paid, at which point the registration can be removed.

My property is jointly owned, can you still make a Charging Order application?

Yes, a Charging Order application can still be made if you jointly own your property. However, the debt will only be secured against your interest in the property and will not affect the interest of any joint proprietor(s).

Please note that any joint proprietors will still be served with Court documentation to notify them of the Charging Order application.

You have registered the Charging Order against my interest in my property, do I still have to make payments now?

Yes. A Charging Order acts as security, as the outstanding balance is repaid once you sell or remortgage your property. However, it does not mean that you should stop making payments to the amount that the Court has determined that you owe, in line with the CCJ.

We want to work with you to set an affordable and appropriate payment arrangement that will help to reduce the balance secured against your property. The benefit of this is that more interest in your property will remain yours, meaning that when you sell or remortgage your property, there will be more money available for you.

However, if we are unable to agree a payment arrangement with you, our client may consider further enforcing your County Court Judgment by other methods such as: an Attachment of Earnings, a Warrant of Control or an Order for Sale.

If I pay the balance in full will the Charging Order(s) be removed from the property?

Yes. Once the outstanding balance has been repaid, we will make the relevant application to HM Land Registry to remove the registration from your property.

Please note that this may incur an administration fee, payable to our office.

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