Land Registry questions

clodagh_trubble

Hi
You helped me last year when I needed to removed my deceased dad's name from a charge on my sister's house.  My mum now wants to forgive the charge totally, we have been sent forms DS1 and DS2 to complete but are having problems with the ID requirements as my mum does not have a passport.  Is there any other option for this as she really wants to get this sorted asap.

Thanks for any advice you can give

Sally_Forth

clodagh_trubble said:

Hi
... we have been sent forms DS1 and DS2 to complete but are having problems with the ID requirements as my mum does not have a passport.  Is there any other option for this as she really wants to get this sorted asap.

If you search for ID1 and look down the ID1 form in the part that a solicitor will complete there are a few options there.
Driving licence, bills etc.
I don't think LR are currently open for the walk in identity verification so you might have to go through a solicitor.
They will almost certainly charge for this although I've no idea of the price.

Land_Registry

clodagh_trubble said:

Hi
You helped me last year when I needed to removed my deceased dad's name from a charge on my sister's house.  My mum now wants to forgive the charge totally, we have been sent forms DS1 and DS2 to complete but are having problems with the ID requirements as my mum does not have a passport.  Is there any other option for this as she really wants to get this sorted asap.

Thanks for any advice you can give

As posted the form ID1 offers alternatives 
Have a look at our temporary arrangements too although these are aimed more at if you can’t get her ID verified in the normal fashion rather than replacing the ID1 needs. 

GDB2222

Really odd question, but perhaps an expert can help, please?


There are two charges shown in section C of the Land Register. One is described as a 'registered charge' (for a mortgage). The other is just described as a 'charge', which is in the name of an individual.

Is there a difference? I just assumed that any charge on the Land Registry is a registered charge, but there seems to be a distinction?

Thanks for any light that can be shed.

Sally_Forth

GDB2222 said:

Really odd question, but perhaps an expert can help, please?


There are two charges shown in section C of the Land Register. One is described as a 'registered charge' (for a mortgage). The other is just described as a 'charge', which is in the name of an individual.

Is there a difference? I just assumed that any charge on the Land Registry is a registered charge, but there seems to be a distinction?

Thanks for any light that can be shed.

Charges can also be noted, as opposed to registered.
Dependant upon how they show on the register would change how they are to be discharged.
A registered charge can be discharged electronically by a bank or by a DS1 by any other entity (including a bank)
A noted charge would require a CN1 (don't quote me on that, I may be wrong)
The official LR rep will be better able to advise, if you can comment how the charges appear on the register it would assist

GDB2222

The Charges Register says (I have altered the details):

1 and 2 (These deal with covenants from many years ago.)
3     (01.01.2018) REGISTERED CHARGE dated 1 December 2017
4     (01.01.2018) Proprietor:  [Name of lender, company number, and address]
5     (01.02.2020) Charge dated 1 February 2020 in favour of (Name of individual, but no address)
       Note: Copy filed

 Is this enough info?

Land_Registry

GDB2222 said:

The Charges Register says (I have altered the details):

1 and 2 (These deal with covenants from many years ago.)
3     (01.01.2018) REGISTERED CHARGE dated 1 December 2017
4     (01.01.2018) Proprietor:  [Name of lender, company number, and address]
5     (01.02.2020) Charge dated 1 February 2020 in favour of (Name of individual, but no address)
       Note: Copy filed

 Is this enough info?

The term charge is used for a lot of registered interests but in this case the clear distinction is that the first (3 and 4) is a registered charge and the second (5) is noted
A registered charge is what many would refer to as a mortgage. But the real definition is that it’s borrowing secured against a registered title. And for it to be fully effective in law and to allow the lender to realise the security (repossess) it must be registered. 

A second or subsequent mortgage might be taken and which is in effect a legal charge as well. But for whatever reason it can’t be registered. The most common reason is because the first lender has a restriction on the title preventing a second registered charge and they won’t consent. The lender is then only able to note it and they don’t have the full security afforded to the first legal charge. 

GDB2222

Thanks so much for your prompt reply. On a Saturday, too!
I assume that my charge will be another noted charge and will rank after the other two? So, the charge in 3 and 4 will be satisfied first out of any sale proceeds. Then the noted charge in 5 will be satisfied in full, if the proceeds are sufficient. And my charge will be last in the pecking order. Or will my charge be rank equally with the noted charge? 

Land_Registry

GDB2222 said:

Thanks so much for your prompt reply. On a Saturday, too!
I assume that my charge will be another noted charge and will rank after the other two? So, the charge in 3 and 4 will be satisfied first out of any sale proceeds. Then the noted charge in 5 will be satisfied in full, if the proceeds are sufficient. And my charge will be last in the pecking order. Or will my charge be rank equally with the noted charge? 

We don’t deal with the order in which such debts/loans are satisfied. However experience would suggest that such matters are dealt with in priority order so your noted charge would come after the already noted one. 

GDB2222

Thanks again!