header-logo header-logo

19 May 2011
Issue: 7466 / Categories: Case law , Judicial line , In Court
printer mail-detail

Negative charge

To what extent (if at all) can the lack of equity in a property be taken into account by the court...

To what extent (if at all) can the lack of equity in a property be taken into account by the court when deciding whether to make final an interim charging order as opposed to ordering a sale subsequent to a final charging order?

The view held by the majority of us is that the court would be most unlikely to make a final charging order where the negative equity is large either in amount or proportionate to the value of the property. The charging order procedure should not be used by a creditor as a method unnecessarily to hound the debtor and if the negative equity is so large that any order would not give the creditor any real security then they should not expect to obtain a final charging order or their costs.

However, if the negative equity is only modest the court may well make a final charging order on the basis that a rise in property prices may give the creditor some

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll