Charging Order? The myth

Land_Registry

eggbox said:

Sorry, Land Registry Rep just another quick question! As long as the Form K restriction has been complied with would that automaticallly be removed, when the new owner details are registered, under these circumstances (the sale is for value)?

That is correct hence my comment ‘if it is in order’ - I took it as a given that the form K was being overreached as you were posting the comment and did not wish to complicate matters. Apologies for assuming and I should have said it was a ‘given’ for that reason. 

eggbox

Hi LRR thank you again for your help!

Bigfishnet

I need help desperately as my house sale appears stalled  
This is for LRR I think 
As a starting point can you please simply confirm that these below are "standard" Section K Restrictions
If so then if my buyer or his Conveyancer certifies in writing  that the 2 ICO holders below have been informed of the sale then the restriction will automatically be removed by the LR 
Can this Certificate be sent PRIOR to ownership transfer so its "on the record" so to speak??
The problem I have is that the CO-OP have no record and their agents at the time Optima who registered the ICO say they no longer work for the CO-OP  so even if I wanted to settle this I can't because no one will give me a settlement figure
What happens in these circumstances with the RX3 form which my Solicitor insists is the only way to deal with this 

 

4 (03.10.2007) 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 Co-Operative Group (cws) Ltd at care of Hepworth House,

Claypit Lane, Leeds LS2 8AE being the person with the benefit of an

interim charging order on the beneficial interest of ************** made

by the Harrogate County Court on ***********

5 (26.11.2010) 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

CapQuest Investments Limited (Co. Regn. No. 05245825) at Fleet 27, Rye

Close, Fleet, Hampshire GU51 2QQ, being the person with the benefit of

an interim charging order on the beneficial interest of ********** made by the Bradford County Court on ******************

Land_Registry

Bigfishnet said:

I need help desperately as my house sale appears stalled  
This is for LRR I think 
As a starting point can you please simply confirm that these below are "standard" Section K Restrictions
If so then if my buyer or his Conveyancer certifies in writing  that the 2 ICO holders below have been informed of the sale then the restriction will automatically be removed by the LR 
Can this Certificate be sent PRIOR to ownership transfer so its "on the record" so to speak??
The problem I have is that the CO-OP have no record and their agents at the time Optima who registered the ICO say they no longer work for the CO-OP  so even if I wanted to settle this I can't because no one will give me a settlement figure
What happens in these circumstances with the RX3 form which my Solicitor insists is the only way to deal with this 

They are form K restrictions 

The thread explains how these restrictions can be complied with and how, in a specific set of circumstances, they are overreached and automatically cancelled. We will automatically cancel the Form K restriction once it has been complied with on registering a transfer of the registered estate for valuable consideration - so that’s a sale by the registered owners to a third party

No it cannot be sent to us prior to the buyer lodging their application 

I would suggest discussing our Practice Guide 76 section 4 and the restriction wording itself with your solicitor and/or buyer 

An application to cancel (RX3) is a familiar and regular requirement for many other types of restriction and can also be used for a form K. But where a sale is involved a form K is one of the few that can be overreached if complied with. That may be why some solicitors reach for the RX3 option rather than the compliance/overreaching alternative in this very specific set of circumstances

If an application (RX3) is made to cancel the restriction we will need evidence that the charging order/debt has been cleared or dismissed (by the court). The creditor having no record of the debt would be something you’d have to present to the court to consider but your solicitor can advise on that. 

jefjam7812

Following!

Buller65

Thanks for all the advice on this thread!

eggbox

Hi Land Registry Rep
If you are around could you clarify the following please. In an attempt to "do the right thing" the people I notified that were selling their house recently, were going to use their daughters friend (who is a family Law solicitor) to verify the identities concerned for the ID1 form requirement. However, she's now saying she doesn't think she can do it as she's not a licensed conveyancer? Is she wrong on that as its nothing to do with the conveyancing aspect only identification?

Also, the family were going to use the ID3 form but it says if you can only use if a retired solicitor and if you are currently still a practicing Solicitor you must use ID1?

Any help clarifying this would help greatly

Land_Registry

eggbox said:

Hi Land Registry Rep
If you are around could you clarify the following please. In an attempt to "do the right thing" the people I notified that were selling their house recently, were going to use their daughters friend (who is a family Law solicitor) to verify the identities concerned for the ID1 form requirement. However, she's now saying she doesn't think she can do it as she's not a licensed conveyancer? Is she wrong on that as its nothing to do with the conveyancing aspect only identification?

Also, the family were going to use the ID3 form but it says if you can only use if a retired solicitor and if you are currently still a practicing Solicitor you must use ID1?

Any help clarifying this would help greatly

ID1 lists who can verify the identity. Solicitor is listed so no issue in verifying a party’s ID 
ID3 is a temporary form that allows a party to have their identity verified if they are unable to have their identity verified by a practicing conveyancer (which includes a solicitor) 

bluegeejay

Hi 

I’ve read through this superb thread over the last few weeks with great interest, I too like so many others have fallen victim to having my unsecured sky high interest rate credit card debt becoming secured against my share of our home.

I have been unable to work through ill health since 2005. I continued paying my credit cards for nearly 3years from my savings until I could no longer afford to make the payments.

I have tried without any success to get a settlement deal but these greedy ******** want it all!

I have lived the ups and downs of others experiences on here and have cheered the successes that have been posted.

With further deterioration in my condition we now need to move to a more suitable property.

Would really appreciate it if anyone could pm me the details of a conveyancer experienced in standard form k restrictions and the process as detailed in this thread. 

Thanks bgj

eggbox

Land_Registry said:

eggbox said:

Hi Land Registry Rep
If you are around could you clarify the following please. In an attempt to "do the right thing" the people I notified that were selling their house recently, were going to use their daughters friend (who is a family Law solicitor) to verify the identities concerned for the ID1 form requirement. However, she's now saying she doesn't think she can do it as she's not a licensed conveyancer? Is she wrong on that as its nothing to do with the conveyancing aspect only identification?

Also, the family were going to use the ID3 form but it says if you can only use if a retired solicitor and if you are currently still a practicing Solicitor you must use ID1?

Any help clarifying this would help greatly

ID1 lists who can verify the identity. Solicitor is listed so no issue in verifying a party’s ID 
ID3 is a temporary form that allows a party to have their identity verified if they are unable to have their identity verified by a practicing conveyancer (which includes a solicitor) 

Thank again LRR
The confusing bit on ID3 is that it states that if you are a practising solicitor you must use form ID1?