If a Creditor is struggling to recover the money they are owed and they know that the Debtor has a property, the Creditor can apply to the Court for a Legal Charge against the property.
This means that in effect the debt becomes secured against the property.
If the Creditor then continues to default on their repayments, the Creditor can apply to the Court to repossess the property. If successful, the property will be sold. The primary Mortgage will be paid first and then the Creditor’s debt will be repaid out of any remaining equity.
|