Remortgaging and charging orders

MissCaz12

Not sure I have the right section!  Anyway

Years ago my ex had three charging orders placed on our house at Land Registry.  We jointly owned the said house at the time.  Let's fast forward a few years!  He was made bankrupt not too soon after the said orders were placed on the house so I bought his beneficial interest off the Trustee.  I have now finally got a remortgage in place and have tried unsuccessfully to transfer both the house into my sole name and add the new mortgage despite writing letters to the creditors!  I cannot get a response, even if I did want to pay them off and the LR will not accept what evidence we have.  I have the notice to the creditors stating I bought the beneficial interest.  Do I have to accept defeat and sell the house?  It is worth a small fortune now so I don't really want to sell I want to remortgage! 

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housebuyer143

Are they form K restrictions and did you pay market value for your ex share?  
How did you notify the creditors? 

Do you have a copy of the wording of the restrictions? 

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MissCaz12

I am not sure what Form K means?  I paid what the Trustee asked me for.  I only notified the creditors recently even when I got divorced the lawyer didn't notify the creditors! Trust this makes sense!  Anyway I don't know how to copy the wording in so I will type it here:  

B.  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 {creditor name & address} being the person with the benefit of an interim charging order on the beneficial interest of {ex's name} made  by the Court on 31 Aug 2007. 

18.02.2010 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 {creditor name and address}being the person with the benefit of an interim charging order on the beneficial interest of {ex's name} made by the court on 8 Feb 2010 

Repeated again for another charge.  

10.8.2015 Restriction:  No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.  

(I had that put in before my divorce )

housebuyer143

These are form K so as long as you paid a fair amount of money for the share (I assume you did if they trustees sold it to you), I believe that satisfies that requirement. You can't just give it to your partner and then get the charges removed. 

When my solicitor did this for the house I bought, she simply wrote to the creditors informing them of the sale and sent the letters first class and got proof of postage. I'm not sure if this requirement is needed before the sale completes or not tbh. She then certified to the LR on the transfer forms that it had been done. Did you use a solicitor to sort the sale with the trustees, if so who was sorting the transfer? 

What process have you followed? Did you write letters to them as the registered address and have proof you sent it? Did LR say why the transfer was rejected? 

housebuyer143

See guidance here. 

MissCaz12

It's not a sale, I was hoping to keep the house, it's a remortgage and putting house into my sole name.  It's easy to sell the house with restrictions you just inform the creditors etc.  not the same with a remortgage I believe.  Thank you so much for the information so far.

MissCaz12

The LR said insufficient evidence.  They will not elaborate what is sufficient evidence!  I have been using a solicitor recently.  I am not sure they showed the evidence of the postage I will ask tomorrow.  I was going to resend everything recorded delivery/tracked as evidence so when it returns I have the tracking as evidence.  The remortgage is sat there.  All the transfer forms have been signed.  We cannot get hold of the creditors as they have changed address.  

housebuyer143

MissCaz12 said:

It's not a sale, I was hoping to keep the house, it's a remortgage and putting house into my sole name.  It's easy to sell the house with restrictions you just inform the creditors etc.  not the same with a remortgage I believe.  Thank you so much for the information so far.

I've just found this. Highlighted. 

It doesn't appear you can remove form K when you buy a beneficial share via the method you are trying to. The guidance has it in black and white so I imagine that's the issue.
I would seek legal advice as potentially the only way to remove them is to sell it, but you are not currently the registered owner of the whole place, so I'm not sure how you will resolve this. 

silvercar

@Land_Registry can you shed some light?

MissCaz12

@Land_Registry could you help?  I just need to know what evidence is needed.  I have the Trustees signed beneficial interest.  I have sent notices from myself to creditors.  Do I need postage evidence that it's been sent back?  I do use a solicitor, but we are stuck as LR asking for more evidence.

MissCaz12

@housebuyer143. Yes I can sell it easily - I am using a solicitor, however, they can't find a way.  I thought I would ask on here before I throw in the towel and sell it.  I don't see why I should sell it and not pay the creditors anyway when I can't get in touch with them and they are not replying why can't we sat that to LR?  

My ex is fully compiling with everything and has already signed transfer forms.  He wants freedom too!