How to register two charging orders against the two joint owners of a property

autoplay

I made a claim against the two joint owners of a property.

I received two Notices of Issue from the Civil National Business Centre for each of them with the same claim number. Hence, there is only one claim.

Hence, I made an application for default judgment for each of them so two applications using the two Notice of Issues.

I received two judgments in my favour one for each of them.

I enforced each of these two judgments by filing two N379 forms for a charging order.

I received two charging orders with two different numbers for each of them.

Now I have to register these two charging orders to the Land Registry.

I have read that I can either request a ‘notice’ or a ‘restriction’ to be added to the title register to protect my interests.

I have read that a ‘notice’ cannot be obtained if the charging order is only against one joint-owner and the debt is only against this joint-owner, however; concerning my case the debt is against the two joint-owners but I have two separate charging order against the two joint owners within the same claim.

I would like to know if tin his circumstance I can request a ‘notice’ or maybe two ‘notices’ one for each charging orders to be inserted in the Title Registry of this property or I can request only a ‘restriction’.

I would like to know how to explain the situation to the Land Registry in my covering letter so that my application is not rejected by it.

I would like also to know if I have to send to the Land Registry one or two UN1 forms because I have two charging order

GrumpyDil

Not sure but @Land_Registry may be able to help. 

RHemmings

Just for personal interest, I want to know this too. I think it gets quite complicated in situations like this. Though, I'd be happy to be proven wrong. 

autoplay

I think that we can have a charging order only against one judgment debtor so it is normal that in my case there are two charging orders, one for each of the two judgment debtors who are the joint owners of the property.

Usually, if there are two joint owners we can insert in the Title Register only a ‘restriction’ and not a ‘notice’ concerning a charging order because usually the other joint owner is not a judgment debtor, however; in my case both joint owners are judgment debtors and I have a charging order against each of them.

Hence, in this circumstance I would like to know if I can request the Land Registry to insert in the Title Registry of the property a ‘notice’ for each charging order and not only a ‘restriction’.

Land_Registry

GrumpyDil said:

Not sure but @Land_Registry may be able to help. 

See our PG 76 and the linked Algorithms for guidance - Charging orders (PG76) - GOV.UK
If you have two separate charging orders, one for each registered owner, then the only option is likely to be a form K restriction, one for each order. You can apply to register two form K restrictions using the one form RX1. 
But please do seek legal advice if you are unsure how to protect such orders and also to consider what the impact of same might be

autoplay

I would like to know if a charging order is discharged when it is paid and not when the restriction is removed. Hence, the question is if the property is sold will the new owner "inherit" the charging order and the beneficial interest which is charged will pass to him. And, as a consequence the judgment creditor will be able to enforce the charging order on the new owner

Land_Registry

autoplay said:

I would like to know if a charging order is discharged when it is paid and not when the restriction is removed. Hence, the question is if the property is sold will the new owner "inherit" the charging order and the beneficial interest which is charged will pass to him. And, as a consequence the judgment creditor will be able to enforce the charging order on the new owner

Charging orders are either discharged (by the creditor) or dismissed ( by the court). A form K restriction can be withdrawn (by the creditor), cancelled (by the debtor/owners) or automatically cancelled when overreached for example following a sale and where it has been complied with.
When a property is sold the restriction has to be complied with and if it is then it is usually automatically cancelled as it has been overreached. The new owner does not 'inherit' the beneficial interest/debt 
I'd recommend seeking legal advice here to understand what having a charging order actually does and how it impacts on both the debtor, whether they own a property or not, and what powers of enforcement it actually gives you as the creditor - in my experience it doesn't work in the ways you are suggesting
Perhaps try Charging orders | National Debtline for starters

housebuyer143

autoplay said:

I would like to know if a charging order is discharged when it is paid and not when the restriction is removed. Hence, the question is if the property is sold will the new owner "inherit" the charging order and the beneficial interest which is charged will pass to him. And, as a consequence the judgment creditor will be able to enforce the charging order on the new owner

See "charging order the myth" post on this forum. Form K does not force the debtors to pay you on sale, only notify you of the sale.

autoplay

The problem is that if the creditor is not paid from the proceed of the sale the charging order will not be discharged and the new owner will have to pay it.

I do not think that a charging order disappear into thin air only because a restriction k is removed because it is a secure debt. I think that a charging order disappears when it is discharged i.e. when  it is paid and not when the property is sold.

I think that the creditors can make another application to register another restriction k so that the new owner has to inform him if he sells his house