Charging Order? The myth

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  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    Nope - still fails. Can you share the link to the web page from where the pdf is then linked to perhaps? Or is it your own pdf?
    “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


    Try www.parliament.uk/briefing-papers/SN04837.pdf

    but if still no good paste that into Google and its the first search result
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    I have managed to open the link, but as previously posted, our online guidance, particularly section 2.3.3 explains unilateral notices. If you have a specific question, please let us know.
    “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, thanks for pointing to the explanation of a unilateral notice. I'm a little unsure how they should proceed now, though?

    The people want to register a legal charge, for the reasons I explained, so to achieve this are they still required to forward the relevant forms you stated were required for this AND register the unilateral notice?

    And, If only a unilateral notice is registered does this take priority over subsequent Restrictions that might be registered?
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    edited 3 September 2014 at 3:50PM
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    Hi eggbox,

    While we cannot provide legal advice I would clarify that if they are trying to register a legal charge and there is currently a restriction affecting registration of a new charge, then consent of the beneficiary is necessary. If the consent is not possible a Unilateral Notice can be used. However, the effect of a notice is very limited and it does not prevent registrations of any subsequent restrictions or other entries on the register.

    Ultimately, it is for the parties considered and their legal advisors to decide how best to proceed.
    “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


    I do understand regarding legal advice and thank's for your help. If I could just ask clarification on two more things; 1) will the registration of a unilateral notice take priority over any subsequent Form K Restrictions registered and 2) can they view their LR details online (I presume there is a fee?) to see what their mortgage restriction states?
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    Hi eggbox

    The Unilateral Notice would not take priority over the Form K restrictions and they can view/download the register using Find a Property. This is an online service for a fee of £3.00.
    “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


    Don't know if you can help on this but the LR email confirmation system for setting up an account to buy title details isn't working? The couple I'm helping tried Wednesday and haven't received yet and I've tried this morning on my email adress and the confirmation email you should be sent from the LR to verify your account still isn't being sent?


    We have both also clicked the "resend confirmation email" tabs too? Any suggestions?
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    Hi Eggbox

    We are having some difficulties with the confirmation emails and details of how/what to do can be found on the Transactional Support Forum where you will find some guidance.
    “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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    Thank You!
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