debt, restriction on debtor's house deeds, issues
Discussion
I took someone to small claims years ago and won. He claimed poverty despite having 3 rental properties. So, the only course of enforcement action was that I could take was to place the debt as a restriction onto each of his rental properties (it couldn't be a charge because the debt was against him, and the properties were jointly owned with his wife). However, I can see that one of these properties was sold in January this year, and no resolution was made to me regarding the debt. The new deeds show the new owner and no restriction mentioning me. What could have happened? I presume I have lost any redress through this particular sale now as the money will have gone to him. What might my options be?
The restriction wording was:
The restriction wording was:
restriction said:
RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to <Blown2CV> at <his gaff>, being the person with the benefit of an interim charging order on the beneficial interest of <shady scumbag> made by the County Court at <location> on <date> (Court reference <blah>).
I'd like to hope that I am not pissing in the wind as he clearly has money from the sale proceeds, and this few thousand quid debt is not insignificant to me. How can morality win here...?IANAL
It sounds like you must have had legal assistance to get the restrictions put in place - the responsibility to adhere to that should then fall to both the vendor and purchasers solicitors. I don't know where the restriction would be registered but it would be good to think it was with Land Registry?
Is the sold property nearby? If it was I would call round there and ask the new owners for their conveyancing solicitors contact and tell them why - they have done nothing wrong but their solicitors may have dropped the ball.
Access to the vendor and his money might be more fruitful through the a purchaser that wants this to go away and have 'clean title'
You can add markers to properties on the L R site and I would be doing this for the others
IA still NAL
It sounds like you must have had legal assistance to get the restrictions put in place - the responsibility to adhere to that should then fall to both the vendor and purchasers solicitors. I don't know where the restriction would be registered but it would be good to think it was with Land Registry?
Is the sold property nearby? If it was I would call round there and ask the new owners for their conveyancing solicitors contact and tell them why - they have done nothing wrong but their solicitors may have dropped the ball.
Access to the vendor and his money might be more fruitful through the a purchaser that wants this to go away and have 'clean title'
You can add markers to properties on the L R site and I would be doing this for the others
IA still NAL
I'm fairly sure that restrictions on properties that are jointly owned are pretty pointless if only one of the joint owners is liable.
Years ago I remember helping out at CAB and giving advice to those in credit card debt where some companies were getting CCJs and applying for restrictions. There was a notice that went around saying that if the property was jointly owned, all the solicitor needed to do was to sell the property, disburse the funds, and if they wanted (ie a good solicitor would, but they didn't have to), they would notify the person/company responsible for the restriction that the property had been sold.
Years ago I remember helping out at CAB and giving advice to those in credit card debt where some companies were getting CCJs and applying for restrictions. There was a notice that went around saying that if the property was jointly owned, all the solicitor needed to do was to sell the property, disburse the funds, and if they wanted (ie a good solicitor would, but they didn't have to), they would notify the person/company responsible for the restriction that the property had been sold.
Blown2CV said:
The restriction wording was:
This is a common situation. If you read the wording carefully, you'll see that it simply requires the purchaser to provide a certificate that you have been given notice that he's bought the property. In practical terms, therefore, such a restriction is pretty useless.restriction said:
RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to <Blown2CV> at <his gaff>, being the person with the benefit of an interim charging order on the beneficial interest of <shady scumbag> made by the County Court at <location> on <date> (Court reference <blah>).
The certificate would (or should) have been sent to your address as registered on the relevant register, which may now be out of date, so that you never received it.
However, if you still have a charging order registered against his other properties you might consider applying to the court for an order that one of the properties be sold, so you can get paid. The mere threat of such an action might persuade him to cough up.
Excellent news,
We do have some really excellent contributors on the forum.
Nothing wrong with people chipping in with their amatuer opinions on things, but it's always clearly obvious when there's a professional in the room and Pro Bono's posts are always full of knowledge and good advice.
We do have some really excellent contributors on the forum.
Nothing wrong with people chipping in with their amatuer opinions on things, but it's always clearly obvious when there's a professional in the room and Pro Bono's posts are always full of knowledge and good advice.
Canon_Fodder said:
Excellent news,
We do have some really excellent contributors on the forum.
Nothing wrong with people chipping in with their amatuer opinions on things, but it's always clearly obvious when there's a professional in the room and Pro Bono's posts are always full of knowledge and good advice.
Never heard of him but he's now on the list of helpful people along with agtlaw and a few others.We do have some really excellent contributors on the forum.
Nothing wrong with people chipping in with their amatuer opinions on things, but it's always clearly obvious when there's a professional in the room and Pro Bono's posts are always full of knowledge and good advice.
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