A consultation on whether homeowners who have failed to repay consumer credit debts should have accrued a minimum level of debt before a court can order the sale of their home has been released today.
Under the current system, property owners who have unsecured debts such as credit or store cards, which they have been unable to pay, can have a ‘charging order’ placed against their property to secure the debts. In a small number of cases the charging order is followed by an order for sale, when a judge decides that the property must be sold immediately to settle the unsecured debt.
Today’s consultation, which will last until 30 April, asks whether a minimum level of consumer credit debt should be set in law before an order for sale can be issued.
Justice Minister Bridget Prentice said: “We know that only a small proportion of charging orders result in the property being sold
