Charging Order? The myth

eggbox

Hi Land Registry Rep, thank you for your response.The guidance seems straight forward, however, it doesn't appear to mention form AP1 which the HMLR guidance on Youtube (from 2014) says you have to complete if you are selling the property? Is this still correct and does the Land Registry require the Annex 1 form regarding money laundering to be completed some conveyancing sites seem to say are required?

Land_Registry

eggbox said:

Hi Land Registry Rep, thank you for your response.The guidance seems straight forward, however, it doesn't appear to mention form AP1 which the HMLR guidance on Youtube (from 2014) says you have to complete if you are selling the property? Is this still correct and does the Land Registry require the Annex 1 form regarding money laundering to be completed some conveyancing sites seem to say are required?

AP1 is the first guidance link - ‘1. Download and fill in an application to change the register’
Annex 1 is not one of our forms so I assume it’s a conveyancing or other form 

eggbox

Thanks LRR!

eggbox

Hi Land Registry Rep could I trouble you to verify two things regarding the previous house sale matter; please? Firstly, in light of the CV-19 crisis can all forms be forwarded online, or by email attachment, or are they still required to be posted? Also, one of the buyers is a Solicitor who deals in family law and freely admits her knowledge on conveyancing is virtually zero. However, she is a Solicitor all the same; so can I ask if the Land Registry would have any issue with this person verifying the identity of all parties involved as required for form ID1. This would be, either, because they are a party to the sale or because they are related to all persons involved in the sale.

Land_Registry

eggbox said:

Hi Land Registry Rep could I trouble you to verify two things regarding the previous house sale matter; please? Firstly, in light of the CV-19 crisis can all forms be forwarded online, or by email attachment, or are they still required to be posted? Also, one of the buyers is a Solicitor who deals in family law and freely admits her knowledge on conveyancing is virtually zero. However, she is a Solicitor all the same; so can I ask if the Land Registry would have any issue with this person verifying the identity of all parties involved as required for form ID1. This would be, either, because they are a party to the sale or because they are related to all persons involved in the sale.

Postal applications only 
As for verification of identity the key factor is that the6 meet the stated definition re a practicing solicitor for example. 

Whilst we would always advise against using family members to act as verifiers or witnesses to signatures there’s nothing to prevent that. But you should be aware that in doing so wider checks may be required as appropriate. 

Unsure if you’ve seen/read our temporary guidance on identity verification 

eggbox

Thanks again LRR!
I hadn't seen the updated ID change but interestingly one of the professions able to verify is a teacher? So we have a Solicitor and a Teacher purchasing the property so would checks still be made (in your opinion?) 

Land_Registry

eggbox said:

Thanks again LRR!
I hadn't seen the updated ID change but interestingly one of the professions able to verify is a teacher? So we have a Solicitor and a Teacher purchasing the property so would checks still be made (in your opinion?) 

I assume you mean do we still make wider checks? The answer is yes as we make wider checks anyway as we don’t and can’t solely rely on the evidence of identity or verification submitted. 

eggbox

Land_Registry said:

eggbox said:

Thanks again LRR!
I hadn't seen the updated ID change but interestingly one of the professions able to verify is a teacher? So we have a Solicitor and a Teacher purchasing the property so would checks still be made (in your opinion?) 

I assume you mean do we still make wider checks? The answer is yes as we make wider checks anyway as we don’t and can’t solely rely on the evidence of identity or verification submitted. 

If that's the case (and I'm not criticising the decision) there seems little point in using any third party verification as it would make no difference to the checks the LR carry out? It seems easier, therefore, to use the people involved in the sale under their ability to verify ID under their professions of a solicitor and a teacher? Or have I got that wrong?

Land_Registry

eggbox said:

Land_Registry said:

eggbox said:

Thanks again LRR!
I hadn't seen the updated ID change but interestingly one of the professions able to verify is a teacher? So we have a Solicitor and a Teacher purchasing the property so would checks still be made (in your opinion?) 

I assume you mean do we still make wider checks? The answer is yes as we make wider checks anyway as we don’t and can’t solely rely on the evidence of identity or verification submitted. 

If that's the case (and I'm not criticising the decision) there seems little point in using any third party verification as it would make no difference to the checks the LR carry out? It seems easier, therefore, to use the people involved in the sale under their ability to verify ID under their professions of a solicitor and a teacher? Or have I got that wrong?

You need to ask why such verifications and checks are being made? They’re not there to prevent legitimate transactions and applications. They are there alongside other checks made by us, lenders, professionals and so on. 

If you rely on just one party/body to check then you have a much higher risk of an actual fraudulent transaction taking place. 

eggbox

LRR
I understand how the LR has to view one party verifying identities (although it would actually be two as there is a Solicitor and a Teacher involved), however, my point is what's the point of seeking third party verification if checks are going to be made regardless of who verifies?