Charging orders over land

Obtaining judgment for a debt is often only the first step along the road to recovering the sum owed, particularly where the debtor does not have the funds available to satisfy the judgment. Moreover, a creditor with the benefit of a judgment remains an unsecured creditor.

A charging order is an indirect method of enforcement which secures the judgment debt rather than satisfies it. Obtaining a charging order over land secures the debt by creating an equitable charge (section 3(4) of the Charging Orders Act 1979), so that when the property is sold, the creditor will receive payment from any proceeds of sale which are left, after the repayment of all mortgagees and other charge holders with priority. The process of obtaining

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