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Martin

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Subject: Legal Charge Posted: Thursday, December 5, 2013 - 12:54:15

A tin of alphabetti spaghetti turned upside down and spread out a bit would make more sense sorry to say fangtooth What does the *Order* say? ... word for word.

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sometimesitdoesn'twork

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Posted: Thursday, December 5, 2013 - 12:55:03

Your solicitor could be correct - there is a funding code that lays out the the conditions that need to fulfilled to qualify for legal aid and a merits test looks at factors such as the likelihood of success. Can you say what it is you are not happy with without giving away names or figures?

fangtooth

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Posted: Thursday, December 5, 2013 - 12:54:16

There are several points. 1. That when I die my share of the property goes to him and not the children as I have stated in my will. 2. That I\'m not allowed to remortgage the property 3. That I\'m not allowed to rent even a room out to someone else - he knew I was considering renting a room as we are short of money 4. That I pay his costs in enforcing this charge should I not follow it. Do you think those are reasonable things to contest?

Martin

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Posted: Thursday, December 5, 2013 - 12:54:15

Point 2, or similar to that wording, is sometimes included, but with the following similar words \"without good reason\" or \"no more than 50/60/70/80 % LTV\". Good reason could obviously include taking advantage of a better interest rate. But the reason that he has cause to place a charge on the FMH governs your ask. If it\'s a straightforward transfer of title in lieu of a later on to be paid lump sum order then he can get stuffed. It\'s your property and you can do what you like with it. The *money* from the lump sum order is secured on the property, that\'s all. (assuming the LSO is the reason, as above)

EnglishRose

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Posted: Thursday, December 5, 2013 - 12:54:15

If the house is held in joint names as what is called tenants in common (you haev severed the joint tenancy) they in law you can leave your half to someone other than your ex. I think that bit can be changed without hurting his charge. Remortgaeg - fair enough - if he is entlted to 50% of £100k and you withdraw £100k equity frmo it he has nothing left! renting - can jeopardise this asset - you might get people who never leave. You could of course agree with him you can rent particularly fiy ou offer to give him 50% of teh rent - it\'s his property too as you can\'t afford to buy him out so that\'s only fair. Pay costs - yse if you mess up and breach the charge normal you should pay all the costgs of that.

fangtooth

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Posted: Thursday, December 5, 2013 - 12:54:16

When he left I remortgaged to finish off the DIY and he has already put in that the % he wants is from before the first remortgage so I can\'t see why further remortgages would bother him as at the end of the day he has secured his % from the original amount any further remortgages have to come from my share. He said it is because he has agreed I can transfer his % to another property if I need to move and he doesn\'t want me to keep moving his % around. I said well he should stipulate then that it can only be done once or not at all. He wont discuss it with me so I have emailed him about the points I\'m not happy with but I\'m worried that am going to have to pay solicitors to get this sorted. If I just leave it does he then have to chase me for it seeing as its his legal charge not mine.

Martin

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Posted: Thursday, December 5, 2013 - 12:54:15

A tin of alphabetti spaghetti turned upside down and spread out a bit would make more sense sorry to say fangtooth What does the *Order* say? ... word for word.

fangtooth

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Posted: Thursday, December 5, 2013 - 12:54:16

OK hehe never been good at explaining myself. \"not borrow any further money on the security of the property or take further advances under the first mortgage\" \"The first mortgage means the mortgage dated 24 April 2008 and made between the chargor and Abbey National PLC\" Basically when he left I remortgaged to finish off the house so he is now saying I can\'t remortgage again. The solicitor happened to ring me yesterday afternoon so I just mentioned it and she said that its too late to change the charge now as the judge has already seen it. She said she had seen that bit and didn\'t think it would cause problems as I had already re-mortgaged once and is now writing to him to see if he can change it!

Martin

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Posted: Thursday, December 5, 2013 - 12:54:15

These two bits: \"not borrow any further money on the security of the property or take further advances under the first mortgage\" \"The first mortgage means the mortgage dated 24 April 2008 and made between the chargor and Abbey National PLC\" are perfectly reasonable, I wouldn\'t waste any time or money fighting them. If house reduces in value, you could potentially remortgage (1st Charge) higher than his secured amount (2nd charge) so he\'s protecting his vested interest. Reasonably. If your still there in 15 - 20 years time then a variation ask would be reasonable if the house value had bounced back. The other stuff? The will is yours to do as you like with. Not rentinga room out is something some mortgage lenders insist on, so I think that one is a bit more grey to answer. The reality is that *if* it happens no-one is likely to know or do anything about it. 4th, paying court costs can\'t be pre-emptied like that.

fangtooth

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Posted: Thursday, December 5, 2013 - 12:54:16

Thank you Martin and everyone else for your answers, they have been really useful and I didn\'t want to read and run so THANKS.
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