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How to register a Final Charging Order
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Hi, I have recently obtained a Final Charging Order with regards to unpaid commission payments due to me. I am struggling to find the correct forms to register the charge with Land Registry. I am thinking it should be Form RX1 with Form K2, however it could be Form K4, the Land Registry website does not make this easy to define. Any help/experience would be appreciated.
Thanks Ian
Thanks Ian
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An RX1 (Application to enter a restriction) is the form itself.
Form K is a standard form of wording (not an actual form like you fill in) for the restriction which would go on the title register of the property, there are different standard wordings for different restrictions on a title register. Form K says:
Form K (Charging order affecting beneficial interest – certificate required)
"No disposition of the
[choose whichever bulleted clause is appropriate]
•
registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction,
•
registered charge dated [date] referred to above, other than a disposition by the proprietor of any registered sub-charge of that 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 [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim or a final] charging order on the beneficial interest of [name of judgment debtor] made by the [name of court] on [date] (Court reference [insert reference])".
(completed as appropriate)
You can see them in Appendix C here:
http://
Don't worry if most of it is a bit technical, it's most used by practitioners.
I'd send a certified copy of the charging order, not the original (a solicitor should be able to do this quite cheaply) to lessen the risk of it going missing.
I'd say that the Land Registry should be able to advise on the right form and restriction to use generally as it's more procedural than legal advice.
Hope that helps.
Form K is a standard form of wording (not an actual form like you fill in) for the restriction which would go on the title register of the property, there are different standard wordings for different restrictions on a title register. Form K says:
Form K (Charging order affecting beneficial interest – certificate required)
"No disposition of the
[choose whichever bulleted clause is appropriate]
•
registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction,
•
registered charge dated [date] referred to above, other than a disposition by the proprietor of any registered sub-charge of that 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 [name of person with the benefit of the charging order] at [address for service], being the person with the benefit of [an interim or a final] charging order on the beneficial interest of [name of judgment debtor] made by the [name of court] on [date] (Court reference [insert reference])".
(completed as appropriate)
You can see them in Appendix C here:
http://
Don't worry if most of it is a bit technical, it's most used by practitioners.
I'd send a certified copy of the charging order, not the original (a solicitor should be able to do this quite cheaply) to lessen the risk of it going missing.
I'd say that the Land Registry should be able to advise on the right form and restriction to use generally as it's more procedural than legal advice.
Hope that helps.
Ian ,ring land registry 0844 892 1111 they cant tell you how to do something cause their not legally trained.However if you say you beleive you need an rx1 and either a k2 or k4 they will send them out to you upon request. It will be much easier to follow the document instructions when there on the table in front of you.You could then take them to cab for advise filling them in correctly. Ive had many helpful "SUGGESTIONS" given to me by land regisry staff in the last year that I always act upon. Last week I wanted to check if my sister was still registered as owner of my deceaced mums house for contesting deeds at court, they kndly "SUGGESTED" I might want to get copies of the title regiser and a copy of a deed of retirement that was recently applied." Bang on to the staff ", without getting advise from them cause theyre not legally trained, I sent in £20 fees and now know everything that I need to know to commence with my court action. Theyll do their best for you if you word your enquiry carefully. I hopes it works for you too, good luck Jan
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