Charging Order? The myth

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  • eggbox
    eggbox Posts: 1,774 Forumite
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    Hi LRR, thanks and I will check that out.
  • eggbox
    eggbox Posts: 1,774 Forumite
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    Land_Registry_representative wrote: »
    If you were the sole owner and then remortgaged the new lender would have needed both names to be registered as the legal owners though in order for you both to then charge (mortgage) the property.


    What is the possibility registration was overlooked (ie does it happen)? If it was, is it too late to amend the register?
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    eggbox wrote: »
    What is the possibility registration was overlooked (ie does it happen)? If it was, is it too late to amend the register?

    eggbox - got it wrong and have amended - apologies. She can be on the mortgage but not registered as an owner
    “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"
  • eggbox
    eggbox Posts: 1,774 Forumite
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    Hi LRR


    Hi LRR


    The only details in the "B" section are the owners details, the Restriction for the CO and this,

    "The Transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof."

    There are some covenants regarding the land from Great Western Railway and something regarding building restrictions (a threshold strip i think) but the only details in the "C" Charges Register relating to the lender are those I posted above.


    That to me says there is no consent required?
  • eggbox
    eggbox Posts: 1,774 Forumite
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    Land_Registry_representative wrote: »
    eggbox - got it wrong and have amended - apologies. She can be on the mortgage but not registered as an owner


    I did think that as I've seen it somewhere before. But if it was the intention for her to be a legal owner can she now be added?
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    eggbox wrote: »
    Hi LRR


    Hi LRR


    The only details in the "B" section are the owners details, the Restriction for the CO and this,

    "The Transfer to the proprietor contains a covenant to observe and perform the covenants referred to in the Charges Register and of indemnity in respect thereof."

    There are some covenants regarding the land from Great Western Railway and something regarding building restrictions (a threshold strip i think) but the only details in the "C" Charges Register relating to the lender are those I posted above.


    That to me says there is no consent required?







    We would not need their consent to register a further legal charge
    “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"
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    eggbox wrote: »
    I did think that as I've seen it somewhere before. But if it was the intention for her to be a legal owner can she now be added?

    She can be added if the property is transferred by the current registered owner to the two of them. If there is no consent restriction then we would not need it to register but as with all things the fine print of the mortgage deed may require the borrower to discuss it with them etc.

    If you were trying to amend it retrospectively you would have to prove the intention and this will be very difficult if the legal documents were all completed in the sole name
    “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"
  • eggbox
    eggbox Posts: 1,774 Forumite
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    Forkinhardground


    You need to understand what LRR has helped you with and get on to your mortgage lender pronto. If there is any chance your ex can be added to the Register then it needs to be done.


    I still don't think Marlin will be granted an OFS but you need to take every advantage you can into court. You should also make sure your mortgage lender is aware of what ME III are doing as they can put in an objection as the primary charge holder.
  • forkinhardground
    forkinhardground Posts: 8 Forumite
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    Thank you once again eggbox,

    I'll read more on this post later as I'm at work now.

    Alas I have no representation at court, the solicitor is only preparing the case for me to represent in court and not actually attending. The case being prepared is costing me 400 + vat alone and he is just a general solicitor so not sure how clued up he is in this area.

    However, she is classed as a vulnerable person and it is her home!
  • forkinhardground
    forkinhardground Posts: 8 Forumite
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    Ahh I see others have posted since and I thank you all for your help.

    I will have to read them fully in an hour.

    Thank you all
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