Imterim Charging order

Sparklyfairy

Do some Google searches on interim charging orders & find out as much as you can - also take a look at the CAG forums as there is loads of info on there. HTH, SF xx

Land_Registry

Reading the earlier posts I feel it might be helpful to provide a little more information as contacting us again is unlikely to elicit any more detail than you already have.

Land Registry cannot advise on the effect or impact of charging orders. By viewing/downloading a copy of your land register you are able to confirm whether or not they have been registered with us - this appears to have been the advice provided over the telephone.
If they have been registered, we would serve notice of that on the registered owner(s) of the affected title at the time of registration. Any notification would be addressed to the address(es) recorded on their land register.

It is important to also note that when a charging order is granted by the court it does not necessarily follow that it will lead to a protecting entry being made on the land register. Registration has to be applied for, usually by the claimant.

If the charging order has not been protected by entry on the land register then I would suggest that you contact the relevant court (their details, including their reference may be mentioned in the letters from the 'HL solicitors' ) and confirm the details. If the order is not registered with Ladn Registry then we will have no details.

Once you have confirmed whether the order does exist you should then seek legal advice based on the actual circumstances regarding the charging order and it's impact on your future dealings with the property.

Added information - although the court process produces two separate orders , namely interim and full charging orders, there is, in reality, only one equitable charge. This charge takes effect conditionally when the court makes the interim charging order and then becomes unconditional on the making of the final charging order.

Claimants may apply to register one or either or both charging orders against the debtor's registered title but that choice is theirs. As mentioned the enforceability and impact of such orders is not something on which Land Registry can advise.
Our guidance relating to the protection of charging orders and other third party interests is contained in our Practice Guide 19 (available online).

Whilst I appreciate that the Guide is looking at the issue from the claimant's perspective and not that of the original poster, tish5670, it reinforces the statement that Land Registry are responsible for noting such interests on the land register but are not responsible for either their enforcement or advising on the impact of such orders.

endora

Sparklyfairy wrote: »

Do some Google searches on interim charging orders & find out as much as you can - also take a look at the CAG forums as there is loads of info on there. HTH, SF xx

The CAG forums are confusing and full of misinformation. There may well be some useful stuff on there, the problem is to sort out the wheat (10%) from the chaff (90%). I'd stick with the Land Registry information.