Land Registry questions

LeeJ_2

Land_Registry said:

LeeJ_2 said

Thanks again for the reply.

One final question (hopefully). When the buyer's conveyancer notifies the creditor of the sale, does he have to obtain a formal acknowledgement of that notification from the creditor, or is it enough to have sent the letter? 

The restriction asks you to certify that they have been notified. You don’t have to prove that they received it or otherwise 

Hi, 
Sorry, it turns out I do have a couple more questions relating to the form K restriction, please. 

1) Does it make any difference if the person named in the restriction (ie the person subject to the interim charging order) is no longer one of the joint owners who are selling the property for valuable consideration?
In this case the person who is subject to the charging order is dead. The joint owners of the property are now his widow and his granddaughter.
ie will the restriction still automatically be removed if the notification/certification is processed as previously discussed or does this in anyway complicate matters?

2) how can I get to see the interim charging order which is the cause of the restriction, to find out the amount owed? Do you hold a publicly available copy at the LR? 

Thanks again in advance. 

Land_Registry

LeeJ_2 said:

Hi, 
Sorry, it turns out I do have a couple more questions relating to the form K restriction, please. 

1) Does it make any difference if the person named in the restriction (ie the person subject to the interim charging order) is no longer one of the joint owners who are selling the property for valuable consideration?
In this case the person who is subject to the charging order is dead. The joint owners of the property are now his widow and his granddaughter.
ie will the restriction still automatically be removed if the notification/certification is processed as previously discussed or does this in anyway complicate matters?

2) how can I get to see the interim charging order which is the cause of the restriction, to find out the amount owed? Do you hold a publicly available copy at the LR? 

Thanks again in advance. 

No. And you can apply by post for a copy. https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Please bear in mind if we do have a copy then it will only show what was owed. 

LeeJ_2

Land_Registry said:

LeeJ_2 said:

Hi, 
Sorry, it turns out I do have a couple more questions relating to the form K restriction, please. 

1) Does it make any difference if the person named in the restriction (ie the person subject to the interim charging order) is no longer one of the joint owners who are selling the property for valuable consideration?
In this case the person who is subject to the charging order is dead. The joint owners of the property are now his widow and his granddaughter.
ie will the restriction still automatically be removed if the notification/certification is processed as previously discussed or does this in anyway complicate matters?

2) how can I get to see the interim charging order which is the cause of the restriction, to find out the amount owed? Do you hold a publicly available copy at the LR? 

Thanks again in advance. 

No. And you can apply by post for a copy. https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Please bear in mind if we do have a copy then it will only show what was owed. 

Thanks again for that.
Just going back to the question of notifying the creditor. Is it sufficient (in order for LR to remove the restriction) for the buyer's conveyancer to send the notification letter to the name and address currently shown on the LR record (and of course then certify this)? Or is the buyer obliged to:
i) check the address on the LR record is still current
and/or
ii) ensure that the creditor has not changed - eg in the case of Northern Rock where the mortgages were taken over by another company.

Land_Registry

LeeJ_2 said

Thanks again for that.

Just going back to the question of notifying the creditor. Is it sufficient (in order for LR to remove the restriction) for the buyer's conveyancer to send the notification letter to the name and address currently shown on the LR record (and of course then certify this)? Or is the buyer obliged to:
i) check the address on the LR record is still current
and/or
ii) ensure that the creditor has not changed - eg in the case of Northern Rock where the mortgages were taken over by another company.

The applicant or their conveyancer need to comply with the wording of the restriction. And the name and address of the creditor are included in the wording. 

pressandgo

Land_Registry said:

pressandgo said:

I have a difficult situation regarding an Interim Charging order that was placed on my property prior to my purchase of the property which has now resulted in two lost sales.
The charge was placed on the property in July 2011 and we purchased it in December 2011. The property was owned by a company which has gone into liquidation and the claimant is now deceased and their son and executor had mental health issues and had disappeared. The monies from the sale were paid to a bank as it was subject to fixed charges. Attempts by the liquidator to trace the executor failed, my property not being the only one affected by a charging order. The liquidator has confirmed that after defraying the expenses the realisations there were insufficient to declare a dividend to any creditors of the company.
I am now seeking advice on how this charge can be removed from the property.

If it’s noted as a charging order then you’d need a form CN1 and evidence that it’s been discharged/released by the creditor or dismissed by the court 
If you can’t get the former then it’s legal advice you may need re the latter 

As stated the creditor is deceased and the liquidator was unable to trace the son and executor of the estate. It seems grossly unfair that I am unable to sell my property due to a debt owed by a business no longer trading to an individual who has died and whose estate cannot be traced. Would the LR remove it with evidence from solicitors and the liquidity practitioner that no funds were available to satisfy the charge at the time of the sale by the liquidated company?

Land_Registry

pressandgo said:

As stated the creditor is deceased and the liquidator was unable to trace the son and executor of the estate. It seems grossly unfair that I am unable to sell my property due to a debt owed by a business no longer trading to an individual who has died and whose estate cannot be traced. Would the LR remove it with evidence from solicitors and the liquidity practitioner that no funds were available to satisfy the charge at the time of the sale by the liquidated company?

We wouldn’t know until you mad3 an actual application, submitted your evidence and we then checked the details we have on record inc the details submitted when it was registered. 

We wouldn’t offer a view before an application is made but one thing to consider would be who the order was against and how the law treats a charging order against a company which has gone into liquidation rather than the debtor’s ability to settle the debt with the proceeds of sale 
I’m guessing your solicitor has tried to get it removed already after you lost one or both sales. If they have then we’d have explained why their application failed

LeeJ_2

Can you please confirm that the text below is in fact a standard form K restriction. I'm 99% sure it is, but would like confirmation before I take this any further with my conveyancer.

(19.05.2008) 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 Northern Rock Plc (Ref: ******************) care of

Eversheds LLP, Fairfax House, Merrion Street, Leeds, LS2 8HE (Ref:

*********) being the person with the benefit of an interim charging

order on the beneficial interest of ******** made by the

******** County Court on ******** under claim number **********.
Thanks in advance. 

mkcj

My Mortgage is coming to an end. The Mortgage was taken out before registration was required. The paper Deeds are held by the Building Society.
I know that they need to remove the charge on the House with you but you do not have the House registered so how does this happen? 
Please could you tell me the procedure? 
I also hear about charges on Houses not being removed after end of mortgages sometimes so afterwards how can I check this has happened correctly?
Thanking you.

avawat20

My partner owns leasehold flat but also owns the freehold (it has a 900+ year lease) with the other owners). In order to transfer for a sale he has has to get it signed by all but one lives in France, another abroad (all others are landlords basically). He has sent to each, got them to print off and sign (and witnessed) and scan back in and then sent it to the next person to do the same. Has emails from each with their returned signed document. Now solicitor is saying it MUST be wet signatures. We have seen https://www.gov.uk/government/news/hm-land-registry-to-accept-electronic-signatures - would this process count as a mercury signature? Solicitor is apparently looking into this at the moment...

Land_Registry

mkcj said:

My Mortgage is coming to an end. The Mortgage was taken out before registration was required. The paper Deeds are held by the Building Society.
I know that they need to remove the charge on the House with you but you do not have the House registered so how does this happen? 
Please could you tell me the procedure? 
I also hear about charges on Houses not being removed after end of mortgages sometimes so afterwards how can I check this has happened correctly?
Thanking you.

They would cancel the charge with Land Charges as the property is unregistered  https://www.gov.uk/government/publications/land-charges-applications-for-registration-official-search-office-copy-and-cancellation
If you wanted to check afterwards you would do a search against your own name