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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3522
Experience:  Two years conveyancing experience.
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I have a 'Unilateral Notice in respect of a charge' held ag

Resolved Question:

I have a 'Unilateral Notice in respect of a charge' held against a property from over a year ago.The property has two other Unilateral Notices against it of similar date. On
reviewing the Land Registry Charge List today I note that one of the Unilateral Charge owners has now listed a Registered Charge against the property and are now named as
'lenders' on the title deed. Will this take priority to be paid off if the property is sold?
Also how can I convert my Unilateral Charge to one of Registered Charge.
Thank you.
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Was your unilateral notice obtained as a result of a charging order?
Kind regards
AJ
Customer: replied 2 years ago.

What do you mean by a charging order?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Can you tell me a bit about the circumstances as to why you needed to place the Unilateral Notice on the property?
Ultimately the financial charge will be in priority of your notice.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Thank you for your reply. Circumstances were as follows.

I sent money as an Investment to a Company who were supposed to renovate the property and sell it on at a profit, I would redeem the money invested by the Unilateral Charge and have a share of any profit made.

However it soon became apparent the company running this was not

carrying out any work on any property and became Insolvent. I then discovered two other U.C against the property..The property had been supplied to insolvent company who, it would appear, were acting as agents for the owners.

Conclusion The owners had received investment money from three investors in excess of the valuation of the property which is still in a poor state of repair. One of the investors has changed the UC to a Registered Charge, hence my question. This property may well end up at auction'

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Is there any document attached to the Unilateral Notice, for example a charge document?
Kind regards
AJ
Customer: replied 2 years ago.

I do not know how would I find out? I did not receive any documents from the solicitors who were dealing with this other than emails to tell me the U.charge had been placed

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Do you have a copy of the "Official Copy" from the Land Registry?
Is so can you put the wording of the unilateral notice into this thread (if possible redact any personal info)?
I have to go off line briefly but will be back at 8pm.
Kind regards
AJ
Customer: replied 2 years ago.

Yes I have a copy.

It is of interest to note that in item B Proprietorship Register the proprietor is named together with price stated to have been paid at time of purchase a few days before the Uni.charges were made

.There is also a Restriction: No disposition of the registered estate by the proprietor of the registered estate is to be registered without the written consent signed by the proprietor for the time being of the charge dated in Oct.2013 in favour of.........and.... referred to in the Charges Register or their conveyancer. i.e. the people who had one of the Unilateral charges but now holds a Registered Charge.

Wording on theCharges Register

There are firstly 6 items.The first four are concerned with the two other U.Ns. Mine are numbered 5 and 6 and read:

5: (30.05.2013) Unilateral Notice in respect of a charge dated 24th May 2013.

Note: Copy filed

6.(30.05.2013) Beneficiary: Me ( I am named with address)

Further items from 7 to 11 are made:

7 and 8 concern the two others item 9 concerns me:

9 (25.11.2013) Charge dated 28th October 2013 in favour of Me

Note: Copy filed.

This happened after 'the Agent' went into Administration.

The last two items both dated (09.05.2014)10 and 11 concern

10 the Registered Charge dated 28th October 2013 and

11 naming the Proprietor ie the same names as shown as Lenders

I look forward to hearing your comments.

Copies file I guess are with the Solicitor who dealt with this at the time.

Thanks for your help. I will contact tomorrow .

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
So it does actually look like you have a charge.
The people who took your money have gone in administrator. Are you in contact with the administrator?
Is the property up for sale?
Kind regards
AJ
Customer: replied 2 years ago.

I was in contact and sent through the documents they required. That was early in January I have heard nothing since.

However I repeat the question how can I convert the Unilateral notice of Charge to a Registered charge? Thanks for your help.

Customer: replied 2 years ago.

Additional info. No the property is not up for sale but may end up at auction.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Can you just confirm that the owners of property are in administration? If the owner has gone into administration you wont be able to do anything further that will bind the administrator.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Just to clarify as I stated in the Circumstances. The company that went into administration was acting as an AGENT for the company that owned the property. The property is still owned by this Company together with all the charges as shown on the title deed as previously described.

One of the Unilateral Notice (another Investor) made a Registered Charge in October 2013 and is now named as 'lender' on the title deed.

How can I do the same? Thanks.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Firstly you would need a copy of the actual charge document. This would then have to be registered as a legal charge against the title. You would have to file an form AP1 at the Land Registry.
If you do not have the Legal Charge and there is a potential that the owner company is in administration or does not consent, then you wont be able to do it.
What documents do you have from the Agent?
Kind regards
AJ
Customer: replied 2 years ago.

Thank you for info. The only acknowledgement I received was an eamil confirmation from the Solicitor that the Unilateral Notice it had been actioned. against the property.This solicitor must be holding the document.s. this I can request from them and will do so.

The owners of the property ( company) are not in administration would I still have to get their consent to place the charge?

I have not mentioned any names but as you gather by now this was an elaborate way of obtaining 'investors' money. When I placed the investment I thought I had done 'due diligence' ie Land Registry check and there were no charges against the property at that time as I said these appeared shortly after I had sent the money..

Thank you for your help.

Customer: replied 2 years ago.

Thank you for info. The only acknowledgement I received was an email confirmation from the Solicitor that the Unilateral Notice it had been actioned. against the property.This solicitor must be holding the document.s. this I can request from them and will do so.

The owners of the property ( company) are not in administration would I still have to get their consent to place the charge?

I have not mentioned any names but as you gather by now this was an elaborate way of obtaining 'investors' money. When I placed the investment I thought I had done 'due diligence' ie Land Registry check and there were no charges against the property at that time as I said these appeared shortly after I had sent the money..

Thank you for your help.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Before I can explain how to register a legal charge. I think you need to get the file from the solicitor and confirm what document he actually registered at the Land Registry.
Was the insolvent agent registered or authorised with the FCA?
Kind regards
AJ
Customer: replied 2 years ago.

No the Agent was not registered or authorised with FCA.

I will write to Solicitors and get documents they hold. Thanks

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Obviously this will take some time ie several days or weeks.even if I get a reply. I should tell you that the particular person that actioned these Unilateral Notifications is no longer employed by the Solicitors involved.

I am on a Subscription 7 day trial. I will end this and hope to come back to you if and when I have copies of the documents and can proceed further.

Thank you.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I am happy to continue further with this question and thread. The only problem is I cannot assist you, without understanding what the solicitors registered and why they have not registered what appears to be a financial charges as a legal charge.
Please let me know as soon as you have further information.
Kind regards
AJ
Customer: replied 2 years ago.

I will endeavour to get some information from the Solicitors.Thanks

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Note if you have paid all your invoices to the solicitors they should give you the files free - ultimately the file will belong to you as a client of the firm.
Kind regards
AJ
Customer: replied 2 years ago.

Hi I have been trying to contact the Solicitor but web page has been withdrawn. the main solicitor is now working with another firm.

Conclusion this solicitors firm no longer exists!What can I do now?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Do you know whether the firm was forcibly closed down or has just merged with this new firm?
Kind regards
AJ
Customer: replied 2 years ago.

It has not merged with the new firm. I will try to speak to this solicitor directly.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I look forward to hearing from you.
Kind regards
AJ
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3522
Experience: Two years conveyancing experience.
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