Sells Property Before I Could Get A Charging Order

BijouDrains

The property is owned by himself and no one else.

Do you know which form I need from the Land Registry to put a charge on the property?

pete1968_2

Unless you have more information which you haven't already mentioned on here, you cannot put a charge on the property unless you're friend is prepared to sign one.

BijouDrains

Well, as he refuses to communicate with me, I would think that my friend agreeing is highly unlikely. So does this mean I would have to go through a solicitor?

pete1968_2

Also looking at your other thread "Can Someone Explain This To Me" the fact that there are two restrictions on the property already will prevent the registration of a legal charge unless consent is received from the Santandar and a certificiate is given to Northern Rock. This would not however prevent the noting of a charging order.

(16.07.2008) RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate is to be registered without a
written consent signed by the proprietor for the time being of the
Charge dated xx xxxx 2008 in favour of Santander UK PLC referred to in
the Charges Register.
5 (14.12.2010) 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
Northern Rock (Asset Management) PLC (Co Reg No: xxxxxx) at care of
XXXXX Solicitors, XXXXXXXXXXXXXXXX Newcastle upon
Tyne XXXXX (Reference: XXXXXXXXXXXXXX), being the person with the
benefit of an Interim charging order on the beneficial interest of
XXXXXXXXXX (nee XXXXXXXXX) made by the Gateshead County Court
on XXXXXXXX 2010 (Court reference XXXXXXX).

What I don't understand is, if he owns the property by himself why have Northern Rock entered a restiction which deals with his beneficial interest. Are there any more restrictions on the title, one to protect a trust perhaps?

BijouDrains

This is a different property to the one I have been referring to in this thread.

pete1968_2

Sorry to come back with another question but .....

I am owed £20,000 by a "friend". He promised to pay me back after 6 months. That was 4 years ago, and now he refuses to communicate with me, as he says he has no money. He has a property worth over £60,000 with no mortgage, (which he bought 9 months ago!)

He appears to have a charge to Santandar due to the restriction and the fact that Northern Rock have gained an interim charging order would mean they are in (I suspect) a situation similar to you. You could well rank 3rd in the que at the moment.

You could try and ring the solicitors acting in the second restricition and see how much he owes (if they would tell you) otherwise you might be able to get a copy of the interim charging order from the court

BijouDrains

Pete1968, I have sent you a PM.
This is not the property I am hoping to put a charge on. The one above is his home and is in joint names. It has nothing to do with this thread. The property I am hoping to put a charge on was only recently purchased by him and has no mortgage.

pete1968_2

Yes just got it thanks.

Best get the situation sorted as fast as you can with proper advice. Its all about priorities at the end of the day and you need to get your interest protected as soon as in my opinion (but I'm not a lawyer!!).

Hope it works out ok for you

paddyrg

If he 'owns' several properties, he may be using each one successively as collateral on the next in line, so in truth he may not actually 'own' any of them, they may all be leveraged to the hilt.

Fishingtime

An email proves nothing,and neither does the bank details.
he could turn round and say that the money he gave you was what he had lent you before,and that you was just paying him back.