Enforcing charging order (single defendant)
| Published date | 21 March 2018 |
| Subject Matter | Chancery forms |
CH36 Enforcing Charging Order (Single defendant)
IN THE HIGH COURT OF JUSTICE Claim No:
CHANCERY DIVISION
Master [name]
[day, month, year]
BETWEEN:
ABCDEFG and others listed in Schedule 1
Claimants
-and-
HIJKLMNOP
Defendant
____________________________
ORDER
____________________________
UPON the application of the [party] by Notice dated . . .
AND UPON HEARING [names of the advocates and/or those given permission to address the court] for the Claimant / the Defendant
AND IT APPEARING that the Claimant is entitled to an equitable charge upon the Defendant’s interest in the property (details of property) [Registered at H.M. Land Registry under Title Number ] (“the property”) under a charging Order made on (date)
in the (details of court) in Claim Number (number)
IT IS ORDERED that
() the remainder of this Order will not take effect if the Defendant by 4.00pm
on (date) pays to the Claimant the judgment debt of £ secured by the charge and his/her costs to date of this application assessed at £ making together (total amount) [together with interest at the rate of £ per day from the date of this Order until payment is received by the Claimant]
() the property shall be sold without further reference to the Court at a price not less than £ ,, unless that figure is changed by a further Order of the Court
() the [Claimant] [Claimant’s Solicitor] will have conduct of the sale
() to enable the Claimant to carry out the sale, there be created and vested in the Claimant pursuant to Section 90 of the Law of Property Act 1925 a legal term in the property of [3000 years] [one day less than the remaining period of the term created by the lease under which the Defendant holds the property]
() the Defendant must deliver possession of the property to the Claimant [on or before (date)] [within days] of this Order being served on him/her]
() the...
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