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Land Registry questions

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  • Bikeridea
    Bikeridea Posts: 6 Forumite
    First Post
    Bikeridea said:
    Thanks in advance for any help.
    Following the death of my brother, I am trying to remove several charging orders which exist at Land Registry on his house. I have contacted the companies named in the charging orders and most have informed me of the amount owed on the order and how to pay. I have paid these and the companies have (hopefully) completed the necessary form and sent to Land Registry to remove the charge. This has taken a lot of time and many hours on hold on the phone.
    That leaves one interim and final charging order, which is then followed by what I believe is an order for sale, dating from 2009. My brother is still the registered owner so the order for sale was never carried out. The company which took out the charging orders and went to court for the order for sale say they have no record of the debt, so are unable to tell me how much is owed. 
    So how can I get these orders removed and can the house be sold with the order for sale in place and if not, how do I get it removed?
    Many thanks.
    These things can take time and removal from the register will all depend on how the title is registered and the charging orders protected Charging orders (PG76) - GOV.UK
    Use our contact form to provide the specific details and the support team can steer you to the right form(s)/online guidance as appropriate - Public guidance: dealing with land and property - GOV.UK

     I tried the contact form, I gave as much info as I could but got the following response. 

    "Dear Customer

    Under our published Advisory Policy, HM Land Registry is unable to provide legal advice, nor can we advise on what action to take."

    The title number is LT127365. I am trying to work out what forms I need to submit to get charges and the order for sale removed.

    Thanks

  • Land_Registry
    Land_Registry Posts: 6,163 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    edited 13 March at 8:36AM
    Bikeridea said:
    Bikeridea said:
    Thanks in advance for any help.
    Following the death of my brother, I am trying to remove several charging orders which exist at Land Registry on his house. I have contacted the companies named in the charging orders and most have informed me of the amount owed on the order and how to pay. I have paid these and the companies have (hopefully) completed the necessary form and sent to Land Registry to remove the charge. This has taken a lot of time and many hours on hold on the phone.
    That leaves one interim and final charging order, which is then followed by what I believe is an order for sale, dating from 2009. My brother is still the registered owner so the order for sale was never carried out. The company which took out the charging orders and went to court for the order for sale say they have no record of the debt, so are unable to tell me how much is owed. 
    So how can I get these orders removed and can the house be sold with the order for sale in place and if not, how do I get it removed?
    Many thanks.
    These things can take time and removal from the register will all depend on how the title is registered and the charging orders protected Charging orders (PG76) - GOV.UK
    Use our contact form to provide the specific details and the support team can steer you to the right form(s)/online guidance as appropriate - Public guidance: dealing with land and property - GOV.UK

     I tried the contact form, I gave as much info as I could but got the following response. 

    "Dear Customer

    Under our published Advisory Policy, HM Land Registry is unable to provide legal advice, nor can we advise on what action to take."

    The title number is LT127365. I am trying to work out what forms I need to submit to get charges and the order for sale removed.

    Thanks

    Understood - there are currently 5 pending applications against that title. All to remove/cancel specific entries
    You need to replicate them by applying to cancel the entries you refer to using form CN1 plus supporting evidence to show how the protected interests have come to an end - it's that last bit we can't advise you on as you need to establish in law that the interests/charges have been paid off, dismissed etc as appropriate. 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Bikeridea
    Bikeridea Posts: 6 Forumite
    First Post
    Bikeridea said:
    Bikeridea said:
    Thanks in advance for any help.
    Following the death of my brother, I am trying to remove several charging orders which exist at Land Registry on his house. I have contacted the companies named in the charging orders and most have informed me of the amount owed on the order and how to pay. I have paid these and the companies have (hopefully) completed the necessary form and sent to Land Registry to remove the charge. This has taken a lot of time and many hours on hold on the phone.
    That leaves one interim and final charging order, which is then followed by what I believe is an order for sale, dating from 2009. My brother is still the registered owner so the order for sale was never carried out. The company which took out the charging orders and went to court for the order for sale say they have no record of the debt, so are unable to tell me how much is owed. 
    So how can I get these orders removed and can the house be sold with the order for sale in place and if not, how do I get it removed?
    Many thanks.
    These things can take time and removal from the register will all depend on how the title is registered and the charging orders protected Charging orders (PG76) - GOV.UK
    Use our contact form to provide the specific details and the support team can steer you to the right form(s)/online guidance as appropriate - Public guidance: dealing with land and property - GOV.UK

     I tried the contact form, I gave as much info as I could but got the following response. 

    "Dear Customer

    Under our published Advisory Policy, HM Land Registry is unable to provide legal advice, nor can we advise on what action to take."

    The title number is LT127365. I am trying to work out what forms I need to submit to get charges and the order for sale removed.

    Thanks

    Understood - there are currently 5 pending applications against that title. All to remove/cancel specific entries
    You need to replicate them by applying to cancel the entries you refer to using form CN1 plus supporting evidence to show how the protected interests have come to an end - it's that last but we can't advise you on as you need to establish in law that the interests/charges have been paid off, dismissed etc as appropriate. 
    OK, thanks for that, I understand. Is it possible to find out the dates of the charges the 5 pending applications relate to? I'd like to know who to keep chasing and who has completed the CN1.
    Also, do you have a rough timescale for processing a CN1 at Land Registry at the moment?
    Thanks 
  • Land_Registry
    Land_Registry Posts: 6,163 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Bikeridea said:
    Bikeridea said:
    Bikeridea said:
    Thanks in advance for any help.
    Following the death of my brother, I am trying to remove several charging orders which exist at Land Registry on his house. I have contacted the companies named in the charging orders and most have informed me of the amount owed on the order and how to pay. I have paid these and the companies have (hopefully) completed the necessary form and sent to Land Registry to remove the charge. This has taken a lot of time and many hours on hold on the phone.
    That leaves one interim and final charging order, which is then followed by what I believe is an order for sale, dating from 2009. My brother is still the registered owner so the order for sale was never carried out. The company which took out the charging orders and went to court for the order for sale say they have no record of the debt, so are unable to tell me how much is owed. 
    So how can I get these orders removed and can the house be sold with the order for sale in place and if not, how do I get it removed?
    Many thanks.
    These things can take time and removal from the register will all depend on how the title is registered and the charging orders protected Charging orders (PG76) - GOV.UK
    Use our contact form to provide the specific details and the support team can steer you to the right form(s)/online guidance as appropriate - Public guidance: dealing with land and property - GOV.UK

     I tried the contact form, I gave as much info as I could but got the following response. 

    "Dear Customer

    Under our published Advisory Policy, HM Land Registry is unable to provide legal advice, nor can we advise on what action to take."

    The title number is LT127365. I am trying to work out what forms I need to submit to get charges and the order for sale removed.

    Thanks

    Understood - there are currently 5 pending applications against that title. All to remove/cancel specific entries
    You need to replicate them by applying to cancel the entries you refer to using form CN1 plus supporting evidence to show how the protected interests have come to an end - it's that last but we can't advise you on as you need to establish in law that the interests/charges have been paid off, dismissed etc as appropriate. 
    OK, thanks for that, I understand. Is it possible to find out the dates of the charges the 5 pending applications relate to? I'd like to know who to keep chasing and who has completed the CN1.
    Also, do you have a rough timescale for processing a CN1 at Land Registry at the moment?
    Thanks 
    30/4/2008, 8/10/2008, 19/11/2008 and 11/7/2007 x 2 (duplicated applications it seems)
    So they affect entries C6, C7, C8 and C3 respectively
    Wait times are around 4 months before processing starts
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Bikeridea
    Bikeridea Posts: 6 Forumite
    First Post
    Many thanks for that. One last question. The last entry (C9) relates to an order for sale, which cannot have been executed as my brother was still the proprietor when he died. Is a CN1 the correct form to submit to request removal of that entry?
    Thanks again.
  • Land_Registry
    Land_Registry Posts: 6,163 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Bikeridea said:
    Many thanks for that. One last question. The last entry (C9) relates to an order for sale, which cannot have been executed as my brother was still the proprietor when he died. Is a CN1 the correct form to submit to request removal of that entry?
    Thanks again.
    Yes, form CN1 is needed to remove entry C9
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Bikeridea
    Bikeridea Posts: 6 Forumite
    First Post
    Thank you for your assistance, you have been very helpful.
  • Cloudx12
    Cloudx12 Posts: 6 Forumite
    First Post
    I had email from HMLR and said that it is not their policy to enter reference of staircasing in the title register and nor would be required.

    (Note: I have my 100% Mortgage Deed Copy) as I am became the sole Proprietor of the flat I bought from A2 Dominion. My previous solicitor applied for a charge AP1 as a Whole for Title.

    Has anyone applied for an update of their Title and had their 100% Memorandum of Staircasing be entered in their Title Register?
  • Bikeridea
    Bikeridea Posts: 6 Forumite
    First Post
    I have another question on this. After months of chasing, one of the remaining charge holders' solicitor has said "We have reverted to Land Registry to request copies of the documentation submitted with entries C2 and C5 to register the charges. Due to the age of the charges, not all of the documents were available on the Land Registry online portal therefore we are waiting for this to be forwarded to us."
    So it seems they don't have the documentation related to the charge!
    How long does it generally take for Land Registry to respond to an enquiry like this?
    Many Thanks
  • Land_Registry
    Land_Registry Posts: 6,163 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Bikeridea said:
    I have another question on this. After months of chasing, one of the remaining charge holders' solicitor has said "We have reverted to Land Registry to request copies of the documentation submitted with entries C2 and C5 to register the charges. Due to the age of the charges, not all of the documents were available on the Land Registry online portal therefore we are waiting for this to be forwarded to us."
    So it seems they don't have the documentation related to the charge!
    How long does it generally take for Land Registry to respond to an enquiry like this?
    Many Thanks
    2/3 days maximum
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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