Charging Order? The myth

Jackie235

Land_Registry wrote: »

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

Hi LR, I received a letter from LR yesterday stating;

We sent you a notice on 16 August regarding a charging order which was to be entered on your register.
We have received an application to transfer the property which takes priority over the CO application.
Please ignore the notices we have issued to you as they no longer apply.

Could you let me know when the entry will be delisted from my title document as it was still in place when I checked this morning. And when will the tile update with the new owners details?

Many thanks

Land_Registry

Jackie235 wrote: »

Could you let me know when the entry will be delisted from my title document as it was still in place when I checked this morning. And when will the tile update with the new owners details?

Many thanks

The existing entry won't be deleted until the application to register the purchase has been completed
That application won't be completed until we have the everything that is required and we are waiting for that from the buyer's solicitor

Jackie235

Land_Registry wrote: »

The existing entry won't be deleted until the application to register the purchase has been completed
That application won't be completed until we have the everything that is required and we are waiting for that from the buyer's solicitor

Thanks LR, do you know what is outstanding for the buyers solicitor by chance so I can inform my solicitor what is required to pass on?

Land_Registry

Jackie235 wrote: »

Thanks LR, do you know what is outstanding for the buyers solicitor by chance so I can inform my solicitor what is required to pass on?

We would not share the details in a public forum. But they are matters for the lodging solicitor to resolve rather than yours

Donna201077

Dear egg box could I please have some advise. There is a charging order on my property relating to Halifax credit card 15 years old. At the time of the debt I was living with my ptnr and he was joint applicant on mortgage. With this information I now believe it is just a restriction not a final order? The Halifax debt was just in my name. My ptnr and I hv since split but he is still on mortgage. He is joe informing me he is filing for bankruptcy so I am trying to re mortgage in my own name I have had mortgage accepted in principle but am worried this restriction will stop it going through. He has never helped towards mortgage and I’m desperate to get him off as the bankruptcy could obviously impact on me. I’m desperate for some advice please. Would it be worth taking loan paying off debt then trying g to remortgage again?

eggbox

DONNA201077

You should be okay to remortgage if you use your existing lender as they already have the "first charge" on your deeds which mortgage lenders insist upon. As your existing mortgage will have provisions for further lending it means nothing has to change on the deeds.

If you go to a new lender, however then the restrictions will have to be removed before any lending is granted. This is because without the restrictions removal, the mortgage lending would be behind the restrictions, in terms of date priority, and wouldn't be the "first charge" on the deeds they insist upon.

HOWEVER! I would seek, immediate, legal help on this as you need understand that whilst your partner is on the deeds he will be deemed as owning 50% of the property. If he files for bankruptcy then his half of the property will be sought by the Insolvency Practitioners. So, its vital you get this issue sorted as soon as possible and obtain verification from your ex that he has, as you say, never paid anything to the mortgage.

anyonehelp

Pleasr help me with advice on this, we have a house bought outright in both our names. Oh has ccjs piling up that we are trying to fight but due to his I'll health and other factors things have been missed. The debts are personal between people not utilities or credit cards etc. He is I'll and doesn't work so does not have much ney to pay any of these which I worry will lead to a CO, as the debts aren't in my name does that mean the above post would be true?

anyonehelp

Also would removing his name from the deeds be unlawful at this stage?

eggbox

anyonehelp

Can you expand a little on what the "personal" debts are for, please?

This thread is, primarily, aimed at helping people avoid debts where high street banks offered "unsecured" loans at high interest rates but were able to turn those loans into "secured" debt without redress to the high interest already earned.

It's not trying to help people avoid debts where, say, a friend or relative has loaned you money and you haven't paid it back?

anyonehelp

A performer not being paid so claimed for money, not families or friends loan