Have the Land registry deads, help with charging orders and what it says please

charlie84

Hi All,

I asked for help with regards to charging orders a few weeks back, about how we had charging orders on the property, went to court, want to sell, in sole names, house in joint etc and you gave me the link ... charging order the myths explained.

After reading that thread it gave my husband and I some glimmer of hope in selling the house we are currently in. Anyway we put it on the market the other day (photo's and first viewing on Monday) and hopefully when we do sell we would have enough to pay the charges and some equity left to help shift the rest of the debt we have.

So last week we both got our credit reports off call credit and checked through them. It says on mine that I have 1 ccj in sole name and 2 in joint. On my hubby's it says he has 2 ccj's in joint and 4 in his sole name. We called the courts where the hearings took place to ask if they were charging orders on the property or not and all of them came back as yes they are. So last week we thought we had 7 charging orders. (we know some may be restrictions from reading the thread)

So tonight I paid the £4 and got the title registry from the land registry site and was wondering if I could trouble someone (or a few) knowagble people to find out for sure what this means.

On section B: Proprietorship Register:
Title Absolute
1 - (05.12.2006) Propritetor: Mr XXXXXX and Mrs XXX of XXxxxxxx

2 - (09.09.2005) Restriction: no disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered without a certificate signed on behalf of the registered propritor by his solicitor, provisions of clause 12.5.2 of the transfer dated 12 july 2005.

3 - (05.12.2006) Restriction: same as above but with mortgage companys names and date of sale.

4 - (05.12.2006) price paid and date

5- (13.12.2007) 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 XXXXX being the person with the benefit of interim charging order on the beneficial interest of (this is the joint ccj) made in XX county court on 06.11.07

6 - (29.07.2008) 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 XXXXX being the person with the benefit of interim charging order on the beneficial interest of (this is in hubbys name only) made in XX county court on 22.07.08

7 - (21.11.08) 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 XXXXX being the person with the benefit of interim charging order on the beneficial interest of (this is in hubbys name only) made in XX county court on 11.11.08

8 - (09.04.2010) 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 XXXXX being the person with the benefit of interim charging order on the beneficial interest of (this is in my name only) made in XX county court on 18.03.10

Charges register

Right at the bottom afetr the mortgage company's charge is says:
(29.07.2009) Equitable charge created by a final charging order of the XXX county court dated 22.06.09 in favour of XXXX.

Sorry its long but I am hoping someone can shed some light on this and explain what it all means. I am hoping to wake to some good news that when we do sell we only have to pay one off. (not fussed if we have to pay the others too but it will free more money for the other creditors if tits just the last one)

Thanks for reading, sorry its long x

bottleofred

Hi Charlie84,

I know only a small amount about charging orders and the law is also slightly different in Northern Ireland than in England (apologies if you don't live in England), so I'll bump this up the page and hopefully someone with more knowledge than me can help. If you don't get any response, you could try private messaging some of the people who responded to the previous post.

Good luck

Red

charlie84

Thanks, Red,

Bumping for anyone else that may be able to help x

PNPSUKNET

charlie84 wrote: »

Hi All,

I asked for help with regards to charging orders a few weeks back, about how we had charging orders on the property, went to court, want to sell, in sole names, house in joint etc and you gave me the link ... charging order the myths explained.

After reading that thread it gave my husband and I some glimmer of hope in selling the house we are currently in. Anyway we put it on the market the other day (photo's and first viewing on Monday) and hopefully when we do sell we would have enough to pay the charges and some equity left to help shift the rest of the debt we have.

So last week we both got our credit reports off call credit and checked through them. It says on mine that I have 1 ccj in sole name and 2 in joint. On my hubby's it says he has 2 ccj's in joint and 4 in his sole name. We called the courts where the hearings took place to ask if they were charging orders on the property or not and all of them came back as yes they are. So last week we thought we had 7 charging orders. (we know some may be restrictions from reading the thread)

So tonight I paid the £4 and got the title registry from the land registry site and was wondering if I could trouble someone (or a few) knowagble people to find out for sure what this means.

On section B: Proprietorship Register:
Title Absolute
1 - (05.12.2006) Propritetor: Mr XXXXXX and Mrs XXX of XXxxxxxx (your details)

2 - (09.09.2005) Restriction: no disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered without a certificate signed on behalf of the registered propritor by his solicitor, provisions of clause 12.5.2 of the transfer dated 12 july 2005. (mortgage provider)

3 - (05.12.2006) Restriction: same as above but with mortgage companys names and date of sale. (mortgage provider)

4 - (05.12.2006) price paid and date

5- (13.12.2007) 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 XXXXX being the person with the benefit of interim charging order on the beneficial interest of (this is the joint ccj) made in XX county court on 06.11.07 (ccj charging order)

6 - (29.07.2008) 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 XXXXX being the person with the benefit of interim charging order on the beneficial interest of (this is in hubbys name only) made in XX county court on 22.07.08 (ccj charging order)

7 - (21.11.08) 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 XXXXX being the person with the benefit of interim charging order on the beneficial interest of (this is in hubbys name only) made in XX county court on 11.11.08 (ccj charging order)

8 - (09.04.2010) 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 XXXXX being the person with the benefit of interim charging order on the beneficial interest of (this is in my name only) made in XX county court on 18.03.10 (ccj charging order)

Charges register

Right at the bottom afetr the mortgage company's charge is says:
(29.07.2009) Equitable charge created by a final charging order of the XXX county court dated 22.06.09 in favour of XXXX. (this is where they applied for an interm order then have made it final)

Sorry its long but I am hoping someone can shed some light on this and explain what it all means. I am hoping to wake to some good news that when we do sell we only have to pay one off. (not fussed if we have to pay the others too but it will free more money for the other creditors if tits just the last one)

Thanks for reading, sorry its long x

I view these daily, however with most of these charges they will need to be covered or they could object to the sale

charlie84

Oh right, thanks for that. So would the 4 charging orders not fall away with the sale as per the charging order, myths thread?

Thats ok if they don't but it will let us know what the minimum price we would need to sell at to cover all these (unless they would accept a F&F)

charlie84

Forgot to add all of these are recieveg monthly payments via our dmp set by the judge

Sparklyfairy

charlie84 wrote: »

Oh right, thanks for that. So would the 4 charging orders not fall away with the sale as per the charging order, myths thread

Yes - the other thread (myth's one) has clarified the difference between charging orders & restrictions. People on that thread who have had restrictions (sole debts on a jointly owned property) have gone on to sell whilst keeping their money. Your restrictions are the same as these. However your full charging orders (joint debts on a jointly owned property) HAVE to be repaid upon completition.

You can always try to offer a full & final to your creditors if you choose to do so.

I believe the other poster has slightly confused things for you.:cool:

Sparklyfairy

*My notes to the answers given

Originally Posted by charlie84
Hi All,

I asked for help with regards to charging orders a few weeks back, about how we had charging orders on the property, went to court, want to sell, in sole names, house in joint etc and you gave me the link ... charging order the myths explained.

After reading that thread it gave my husband and I some glimmer of hope in selling the house we are currently in. Anyway we put it on the market the other day (photo's and first viewing on Monday) and hopefully when we do sell we would have enough to pay the charges and some equity left to help shift the rest of the debt we have.

So last week we both got our credit reports off call credit and checked through them. It says on mine that I have 1 ccj in sole name and 2 in joint. On my hubby's it says he has 2 ccj's in joint and 4 in his sole name. We called the courts where the hearings took place to ask if they were charging orders on the property or not and all of them came back as yes they are. So last week we thought we had 7 charging orders. (we know some may be restrictions from reading the thread)

So tonight I paid the £4 and got the title registry from the land registry site and was wondering if I could trouble someone (or a few) knowagble people to find out for sure what this means.

On section B: Proprietorship Register:
Title Absolute
1 - (05.12.2006) Propritetor: Mr XXXXXX and Mrs XXX of XXxxxxxx (your details)

2 - (09.09.2005) Restriction: no disposition of the registered estate by the proprietor of the registered estate or by the proprietor of any registered charge is to be registered without a certificate signed on behalf of the registered propritor by his solicitor, provisions of clause 12.5.2 of the transfer dated 12 july 2005. (mortgage provider)

3 - (05.12.2006) Restriction: same as above but with mortgage companys names and date of sale. (mortgage provider)

4 - (05.12.2006) price paid and date

5- (13.12.2007) 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 XXXXX being the person with the benefit of interim charging order on the beneficial interest of (this is the joint ccj) made in XX county court on 06.11.07 (ccj charging order) - *No - it's a Restriction

6 - (29.07.2008) 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 XXXXX being the person with the benefit of interim charging order on the beneficial interest of (this is in hubbys name only) made in XX county court on 22.07.08 (ccj charging order) - *No - it's a Restriction


7 - (21.11.08) 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 XXXXX being the person with the benefit of interim charging order on the beneficial interest of (this is in hubbys name only) made in XX county court on 11.11.08 (ccj charging order) *No - it's a Restriction


8 - (09.04.2010) 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 XXXXX being the person with the benefit of interim charging order on the beneficial interest of (this is in my name only) made in XX county court on 18.03.10 (ccj charging order) *No - it's a Restriction


Charges register

Right at the bottom afetr the mortgage company's charge is says:
(29.07.2009) Equitable charge created by a final charging order of the XXX county court dated 22.06.09 in favour of XXXX. (this is where they applied for an interm order then have made it final)

Sorry its long but I am hoping someone can shed some light on this and explain what it all means. I am hoping to wake to some good news that when we do sell we only have to pay one off. (not fussed if we have to pay the others too but it will free more money for the other creditors if tits just the last one)

Thanks for reading, sorry its long x
I view these daily, however with most of these charges they will need to be covered or they could object to the sale

Hmmm. They can only object to a restriction if they act before the sale of the property is completed.

charlie84

Thank you, I thought maybe I was confusing my self, that whats happens when trying to explain things to me , I blame it on being blonde lol.

PNPSUKNET

(29.07.2009) Equitable charge created by a final charging order of the XXX county court dated 22.06.09 in favour of XXXX
This is not a restriction, this is a charge

Sparklyfairy

PNPSUKNET wrote: »

(29.07.2009) Equitable charge created by a final charging order of the XXX county court dated 22.06.09 in favour of XXXX
This is not a restriction, this is a charge

Correct...