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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I lent my two adult daughters a considerable sum of monies.

Customer Question

, I lent my two adult daughters a considerable sum of monies. In front of a witness they agreed to act as guarantors loans using a buy to let house as collateral loans.
They defaulted on the repayments, We have been estranged years. They are trying to sell the buy to let house behind my back. I have filled in a Land Registry RX1 form but the land registry says that Form A in Panel 9 of RX1 will be overreached, I do not want that. I just want to stop them selling or re-mortgaging the house that they do not live in without my written consent, I do not want to sue them money. Which of the standard restrictions in Practice Guide 19 should I use in Panel 9 ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : Do you have a county court judgment?
JACUSTOMER-007ro46i- :

Yes, but against the company which the daughter owned and to which some money was lent. Monies were also lent to pay down the mortgage on the house when bailiffs threatened my daughter. I also have a large un-cashed cheque from the other daughter to part repay the monies on the buy to let house, she gave me the cheque then said do not put it into the bank as it will bounce. The Land Registry queried the connection but after I gave a fuller answer they appear to be satisfied that I have a beneficial interest in the house.

Alex Watts : Ok. So do you have a court charging order?
JACUSTOMER-007ro46i- :

Do you mean a writ of possession from the High Court ? If you do mean that, I am going to apply tomorrow.

JACUSTOMER-007ro46i- :

The writ of possession will be against the company which my youngest daughter owns HQ Professional Ltd ( A Hairdressing Company)

JACUSTOMER-007ro46i- :

I have just looked up Court Charging Order. No I do not have a Court Charging Order against the property*****

Alex Watts :

It is form N:

Alex Watts :

No [disposition of the registered estate (other than a charge) by the proprietor of the registered estate, or by the proprietor of any registered charge, not being a charge registered before the entry of this restriction, is to be registered without a written consent signed by (your name) of (address)

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-007ro46i- :

What do the Square Brackets after the Initial word "No" mean ? Do I insert the address of the property there ?

Alex Watts :

It means it cant be disposed of unless the person before the date of your charge, can sell it

Alex Watts :

So if there is a mortgage before your charge

Alex Watts :

Does that help?

JACUSTOMER-007ro46i- :

Do I insert the address of the property in the square brackets?

Alex Watts :

No

Alex Watts :

just copy the above and insert your name and address - that's it

JACUSTOMER-007ro46i- :

delay. The Land Registry administrator who I have been dealing with had today off. I am informed he will be back in the morning and I will rate after I have spoken to him. Many Thanks Roger

Alex Watts : Sure.
JACUSTOMER-007ro46i- :

Alex, I have not forgotten about you I am still trying to contact the Land Registry chap. I have also joined your subscription service as I may have some more work . Many thanks, ***** ***** you soon Roger

Alex Watts :

Indeed. If I could ask you to rate this answer and then if you have any more questions to ask new ones. That way it is more economical

Alex Watts :

Thanks!

Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Alex, I received an email Friday evening from Mr Darlington at the Land Registry the gist of which is that he said Form N was wrong. Can you send me your email address and I will email his email to you to read. Many thanks Roger

Expert:  Ash replied 2 years ago.
***@******.***
Alex
Customer: replied 2 years ago.

Alex. Did you get the email I forwarded from Mr Darlington at The Land Registry ?

Expert:  Ash replied 2 years ago.
Not yet, it does take a few days to send it to me.
Alex
Expert:  Ash replied 2 years ago.
Hmmmmm.
Form II
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 or their conveyancer that written notice of the disposition was given to {name} at {address}.
Alex