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Nick H
Nick H, Solicitor
Category: UK Law
Satisfied Customers: 113
Experience:  Ten year qualified Solicitor
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Looking to find case rulings when the interim charge applied

Customer Question

Looking to find case rulings when the interim charge applied for when it went to hearing the judge refused to make it permanent as it would have caused event of default by the bank who has the first charge and may trigger repossession or forced sale there fore prejudicing by the reduction of equity both parties . Thank you in advance if you can assist
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Sorry this is in London UK i did not realise this is a US site?
JA: What action has been taken so far? What's your ideal outcome?
Customer: Interim charge has been accepted and court hearing is monday 21st . However making the interim charge permanent will have serious financial implications for both parties so I am looking to find case rulings where the judge used financial prejudice as the main argument not to make it permanent
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes this is due to a divorce consent order not been fully satisfied due to market problems in the UK in high end properties stamp duty hikes Brexit referendum and final Brexit uncertainty although efforts were made to satisfy the consent order
Submitted: 9 months ago.
Category: UK Law
Expert:  Nick H replied 9 months ago.

Hello - Am I right that you are looking for a sale?

Customer: replied 9 months ago.
I am the defendant trying to see if I can stop the interim charging order becoming permanent on the grounds I mentioned . There are two properties cross colletarised one under offer which will be made difficult to complete the sale as any proceeds if released by the bank will not be sufficient to discharge the order .
Expert:  Nick H replied 9 months ago.

Hello again - Difficult - Do you have a solicitor in charge of your divorce?

Customer: replied 9 months ago.
I do. The only reason I am here is to see if anyone else can unearth case precedents as described on my specific requirement for my own input . In other words cases were the interim charge did not become permanent as it would have caused financial difficulties to both parties
Expert:  Nick H replied 9 months ago.

Hello again - Unfortunately specific precedents are not easy to find nor often efficacious with Family Law Judges.

However am happy for another expert to guide you if they are able to give the clarity you require.