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Charging Order? The myth
Comments
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Thanks again eggbox. It is people like yourself that makes life much easier for us lesser mortals.Try saying "I have under-a-pound in my wallet" and listen to people react!0
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Taffybiker
I have no problem with saying I was as clueless as most people on the info surrounding Charging Orders etc. until they affected me directly?
But it is disappointing that solicitors and conveyancers don't seem to take the time and trouble to understand this info as they give, very often, incorrect info to their PAYING clients.0 -
Absolutely agree. Would you ask a heating engineer to install a boiler if they didn't know what they were doing?
Frankly it's a disgrace these solicitors are even accepting the job. Thumbs up to the few who are on the ball though.Try saying "I have under-a-pound in my wallet" and listen to people react!0 -
You can ask the creditors to withdraw them but why would they?
The Court decision, however, is what you need to supply details of to the Land Registry. This will allow them to remove your ex from the deeds.
Once that occurs then you need to apply to the Land Registry to have the Restrictions removed as superfluous on the basis that they are against a person who no longer has any interest in the property.
A small note of caution around this needs to be aired as it is still important to understand the wording of the restriction referred to as a disposition may be caught by a restriction even when it is made pursuant to a court order.
It may help to clarify what the terms of the restriction(s?) are here to check whether the actual transfer from joint names to just your name can proceed as suggested.
As always merely flagging from a registration perspective and not disputing the point being made re the ex having no more interest in the property after the change of ownership is registered but that only happens if the Transfer can be registered.“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Thank you LRR. If I understand you correctly, you are saying that it may not be possible to transfer the deed into my name only, depending on the wording of the restriction?
It is worth noting that one of the two creditors has already agreed to the transfer into my sole name but stipulates the restriction remains in place. I don't understand why though.
I will post the exact wording (minus the obvious names) as soon as I can.Try saying "I have under-a-pound in my wallet" and listen to people react!0 -
Land_Registry_representative wrote: »As always merely flagging from a registration perspective and not disputing the point being made re the ex having no more interest in the property after the change of ownership is registered but that only happens if the Transfer can be registered.
LRR, this is not a dig but I thought you had previously explained the LR was bound by a Court ruling? If a Court has ruled that one of the joint owners no longer has any legal interest in a property; under what circumstances would the LR not be able to make a transfer?0 -
Here is the (almost) exact wording:
(29.11.2007) RESTRICTION: No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to ******** at Care Of
******* being the person with the benefit of an interim charging order on the beneficial interest of Mrs ******* made by the ****** Court on 22 November 2007 in claim number xyz (This one has agreed)
And also:
(21.01.2010) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to ******** at care of ********** being the person with the benefit of an interim charging order on the beneficial interest of ******** made by the Court on 4 January 2010 (Court reference XYZ).Try saying "I have under-a-pound in my wallet" and listen to people react!0 -
LRR, this is not a dig but I thought you had previously explained the LR was bound by a Court ruling? If a Court has ruled that one of the joint owners no longer has any legal interest in a property; under what circumstances would the LR not be able to make a transfer?
eggbox - I guessed you might be back with that point and should have covered it off - apologies
The previous mention, if I recall correctly, was the part of this thread which referred to the 'modified' form K restriction and how important the court order is in having that one registered. In such cases if the court orders that it is entered then that is what we have to do.
In this part of the thread we are dealing with a Transfer, presumably pursuant to a court order, so I was making the general point that restrictions in general can still play a part even where there is a court order (and even an Act of Parliament or compulsory purchase order) in play.
I'll try to cover off how Taffybiker's position is then covered from a registration perspective in a reply to the last post with the restriction wording provided“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
The previous mention, if I recall correctly, was the part of this thread which referred to the 'modified' form K restriction and how important the court order is in having that one registered. In such cases if the court orders that it is entered then that is what we have to do.
But does the creditor have to make an application to LR for their permission prior to getting a court order?
The way I understood it was that is only if LR refuses permission that the creditor can then make an application to the court to overrule any refusal by LR… But this certainly didn't happen in the case of my modified restriction, where the creditor went straight to the court without consulting LR prior to doing so.
Yet in its rules, LR is emphatic that it wouldn't allow a modification unless it deemed it necessary…
*Confused*0 -
Taffybiker wrote: »Here is the (almost) exact wording:
(29.11.2007) RESTRICTION: No disposition of the registered estate is to be registered without a certificate signed by the applicant for registration or his conveyancer that written notice of the disposition was given to ******** at Care Of
******* being the person with the benefit of an interim charging order on the beneficial interest of Mrs ******* made by the ****** Court on 22 November 2007 in claim number xyz (This one has agreed)
And also:
(21.01.2010) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to ******** at care of ********** being the person with the benefit of an interim charging order on the beneficial interest of ******** made by the Court on 4 January 2010 (Court reference XYZ).
If you have a court order which tells you both to transfer the ownership to just you then these two restrictions are in play as the Transfer is a 'disposition'.
My post was simply added as a general word of caution around court orders and how they may not always 'trump' a registered restriction
In your case notice of the Transfer has to be given to the named creditors as stated and the required certificates then submitted with the application to register the Transfer.
If the restrictions are complied with in that way then the Transfer can be registered but the restrictions are not overreached so remain in place.
As already suggested an application to cancel the restriction can then be submitted along with any supporting evidence. The restrictioner would be advised of the application and given time to object.“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0
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