Order for sale—next steps after obtaining an order for sale

Published by a UUÂãÁÄÖ±²¥ Property Disputes expert
Practice notes

Order for sale—next steps after obtaining an order for sale

Published by a UUÂãÁÄÖ±²¥ Property Disputes expert

Practice notes
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This Practice Note provides guidance as to conducting the sale under an order for sale pursuant to a charging order, including the method of sale (private treaty, auction, etc), issues pending completion of the sale, for example vacant possession, termination of tenancies and paying off incumbrances, and applying the proceeds of sale.

Once a charging order has been obtained, the creditor has a degree of security for the debt (although in some cases this may be limited—see Practice Note: Charging orders over land—registration issues).

If the debt remains unpaid the next step for the creditor is to enforce the order against the debtor. Subject to the provisions of the Charging Orders Act 1979, a charging order takes effect and is enforceable in the same manner as an equitable charge. In practice, enforcement means obtaining an order for sale.

Obtaining an order for sale

A charging order only secures the value of a judgment debt, it does not satisfy it. The next step after obtaining a final order is to seek satisfaction of

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United Kingdom
Key definition:
Completion definition
What does Completion mean?

means completion of this agreement in accordance with clause[s] [insert number of the clause(s) dealing with completion of the agreement];

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