Charging Order? The myth

Jackie235

Dear LR rep, wondered if you could advise on this please, the completion date was 19th July, the LR title deeds are still showing my name on, is there a timescale for registration to be completed?
I think the buyers solicitor sent in the transfer a week before the completion date so now I'm concerned its taking so long.
The mortgage has disappeared from the record (pretty much straight away) so I look like I own the house outright!

eggbox

ABE123 wrote: »

If we were to sell I am right in thinking that they only need to be informed, and they cannot just get the money. They will then have to obtain a further court order to go for my husbands part of the equity.

If he were to transfer his share to me using the TR1 form would the creditors know?

When a creditor has a restriction on property deeds it entitles them to be notified when the property is being sold. They can also expect their debt to be paid, from the sale funds, when the property is sold, as most solicitors have been doing this.

However, as many people are shocked to discover, if a person doesn't comply with a Court Order (regarding debt) then the Court does nothing to help the creditor. Indeed, the creditor normally has to stick their hand in his pocket again if he wants anything to be done further? That's why if the creditor doesn't receive repayment from the proceeds of the sale then nothing else happens.

They wouldn't have to receive any further Court order against you husband as they already have a Judgement. But it means they have to chase another way of trying to get repayment.

No, the creditor wouldn't be informed if you transferred your property but you need to heed the reply by LR Rep regarding a transfer, or buying your husband out, not being sufficient to remove the restrictions.

Land_Registry

Jackie235 wrote: »

Dear LR rep, wondered if you could advise on this please, the completion date was 19th July, the LR title deeds are still showing my name on, is there a timescale for registration to be completed?
I think the buyers solicitor sent in the transfer a week before the completion date so now I'm concerned its taking so long.
The mortgage has disappeared from the record (pretty much straight away) so I look like I own the house outright!

The mortgage will probably have been discharged electronically and before the application to transfer was submitted so that can happen
The current average timescale is 10 working days so if the sale/purchase was in order I would have expected it to have been done by now.
If it was lacking in some way then we would go back to the buyer's solicitor as appropriate so perhaps there was something wrong with what they lodged

Jackie235

Thanks LR, is there any way to check


Any advice would be much appreciated and I could chase them up tomorrow

Land_Registry

Jackie235 wrote: »

Thanks LR, is there any way to check
ND77026

Any advice would be much appreciated and I could chase them up tomorrow

We have a few applications pending against that title number culminating in an application to register a Transfer on sale.

There are earlier applications relating to applications for restrictions to be registered in respect of interim charging orders. These will have to be considered and processed ahead of the later application.

I'd suggest contacting your solicitor for clarification/understanding from their perspective

I'll check in with the processing office also

Land_Registry

Land_Registry wrote: »

We have a few applications pending against that title number culminating in an application to register a Transfer on sale.

There are earlier applications relating to applications for restrictions to be registered in respect of interim charging orders. These will have to be considered and processed ahead of the later application.

I'd suggest contacting your solicitor for clarification/understanding from their perspective

I'll check in with the processing office also

Jackie123 I've checked in with the processing office to clarify the registration position as well

We have 5 applications at present, 3 of which are to register separate Charging Orders. There is also an application to remove your legal mortgage as it has been paid off. And the last application is the one by your purchaser to register their purchase.

The latter application has priority over the others by virtue of an official search (OS1) having been submitted at an earlier date
As such if the purchase registration is in order it would be completed ahead of the 3 COs and these would most likely fail to then be registered against this property/title

Looking at the purchase application I note that the existing form K restriction appears not to have been complied with, namely no evidence submitted to show that the creditor has been notified of the sale. That's one of the key premises behind this thread.

So my reading of the current situation is that the registered form K restriction in respect of the original CO needs to be considered in the context of this thread.
We'll contact the buyer's solicitor to ask for that compliance and I'm guessing from your original posts, that they did notify them but simply didn't lodge that detail with their application

Jackie235

Hi LR, thanks so much for the update. I did kind of doubt the purchasers solicitors understanding of the notification bit of the guidance on this.
Hopefully the OS1 carries out will supersede the CO’s the I can work on paying them back at an affordable rate

I just want this part completed so I can then negotiate with them fairly, after all if I hadn’t defaulted I would still be paying them monthly.
Thanks
Jackie

Jackie235

Me again! Eggbox can you take a look at this?!

I’m extremely confused, I have returned home tonight to 3 letters from the CCMCC which made me gasp, I assumed that they were the notices of final charging orders, but the all read the same dated 19th August, they are General Forms of Judgement or Order stating (one for each of the CO’s;


Before Deputy District Judge ** sitting at CCMCC Salford
Upon consideration of application for final co under title zzz
IT IS ORDERED THAT
The application for final CO is dismissed, the interim CO is discharged forthwith l. The judgement creditor do forthwith vacate any Land Registry charges or entries relating to the granting of the interim CO

Because this order has been made without a hearing the parties have he right to apply to have the order set aside, varied or stayed, any application must be made within 7 days with the app fee.
And
A) The person making the application is the defendant; and
b) the defendant is an individual
Then upon the filing of the application the claim with be transferred to the defendants home court. In all other cases requiring a hearing the claim will be transferred to the preferred court

Dated 12th August 2019

!!!!!! does this mean????!!!

eggbox

It means they failed to turn up to Court so the decision not to grant the Final CO was made. In the scheme of things it doesn't mean very much as a) they can re-apply but (b) they are too late anyway because as LRR has stated, their applications fall behind the buyers application to register their details.

Jackie235

Thanks eggbox, bizarre that they have not turned up, I haven’t had any notification that they would hold a Hearing to make them so, in fact I’ve had no correspondence from the court re the charging orders or from SS solicitors since they submitted the paper work for the second two CO’s and they have yet to file for the fourth. All very bizarre to me!
Their paperwork filing and court appointments are obviously as vague as their debt collection methods, they have simply kept demanding I pay them the full balance and aren’t taking my circumstances/ability to pay into account as after all the profit from the house wasn’t a lot and half of that is my wife’s.
Thanks