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Yes, the interim is already registered at the Land Registry I completed a UN1 form prior to the Court Hearing
The defendant didn't turn up at the Court hearing, so judgement was passed and a few weeks later I received a Final Charging Order in the post confirming that the money owed to me had been charged to the defendant's property
Ok - then you do not need to do anything more.
The interim Order is enough. It is only if the interim order was dismissed would you need to inform the Land Registry/
But once the CCJ is paid back in full with costs would you then remove the charging order.
But you need not notify the land registry the interim order has been made final
Can I clarify anything for you about this today please?
When I spoke with the Land Registry they said I needed to complete RX1 form.
When should the RX1 form be used? I know the defendant will not pay the money back, so I think the only way is when his house is sold or repossessed.
If he tries to sell his house, what will happen? Will the solicitor of the 'House Buyer' contact me and forward me the money owed on completion?
If you have an interim charging order as I understand it, you should have already completed form RX1 and sent it to the Land Registry?
Have you not already done this?
If not then you need to.
If the order is then made final you need not tell the Land Registry
If he tries to sell the house the Solicitor would be required to satisfy the charging or behind any mortgage etc.
Can I clarify anything?
Prior to the court hearing I completed a UN1 (unilateral notice) form and sent this with the Court Interim Charging Order to the Land Registry.
So what is the difference between a UN1 and a RX1? Are they both the same thing?
OK, but what is the difference between a unilateral notice and restriction, what powers and what protection does each provide, why would you choose one over the other etc? Now that I have a final charging order (as opposed to a just interim charging order) should I add/upgrade to a Restriction (RX1) in addition to the UN1 I successfully submitted some months ago prior to the court hearing?
I suspect his house will get repossessed or he will sell-up and disappear as he owes a lot of people, so all I want is to ensure is that I get my money back when this happens, i.e. his mortgage company, then me receives money BEFORE he receives any remaining equity. How do I guarantee this?
I would file an RX1 with the final charging order.
You need to do this quick - RX1 just makes it clearer that it is a restriction rather than just a notice.
Obviously you go behind any charges that are already there, so if the mortgage is first charge and there is not enough equity then you can't stop any sale and you would not get anything
Does that clarify?
OK, thank you. So going back to my original questions and assistance required completing the RX1...
In section 8 of RX1, what box do I need to mark, is it 'E'? Also what wording do I need to use in sections 9 and 12 to ensure my money is paid back?
Also, do I need to complete section 11?
8 - B first box
Attach the final charging order
9 - Form of words K
Found at: http://www.landregistry.gov.uk/professional/guides/practice-guide-19
12 - leave blank
Does that help?
So in section 9, I just add [in standard form K] within the brackets already on the form?
On section 9, do I need to add anything in the box below, where it says: "The applicant applies to enter a restriction [in standard form K] against the estate/charge referred to in panel 3 in the following words:"
You need to amend the parts in brackets to suit.
Section 9 - yes K
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