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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 26816
Experience:  Senior Partner at Berkson Wallace
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What is the difference between registering a second charge

Customer Question

What is the difference between registering a second charge on a property and applying a second charge on the property . We have a situation where we had a Court hearing in the February of which only the 1st charge was showing up ( the Mortgage ) on the Land Registry but a second charge had been registered the previous October but not applied on the day of the hearing of which we won to apply for a second charge , now due to a mix up between our Solicitors and the Courts our charges were delayed and by the time our charges were applied absolute we ended up as a third charge not the second charge because the house owner applied his registered charge thus eating up all the equity on his property stopping us the chance of getting £380000.00 of which he owes us , but on the day we won the case the Land Registry was only showing the first charge the Mortgage , this happened in 2017 we are still owed the money after 10 years and have had legal fees of £140000.00 / we believe the second charge is fraudulent and our Solicitors cannot give us a fee of how much it will cost to remove the second charge , we feel very hard done by here as our Solicitors are saying its not their fault . Ian Miles ..
JA: Because real estate law varies from place to place, can you tell me what location this is in?
Customer: Weybridge - Surrey .
JA: Has anything been filed or reported?
Customer: Yes its all with the Land Register / The Courts of Guildford / Our Solicitors - the Fraudulent charge has been put on the property by a Polish Builders based in Warsaw .. my question is on the day of the hearing only the one charge was showing up on the property but due to a time mix up between our Solicitors and Guildford Courts getting our charge absolute the Polish charge was applied but it hadn't been the day we won the hearing but it had been registered the previous October ....
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We should have got a second charge ( not the third charge ) on the property which would enable us to Bankrupt the owner get the property sold so we can get the money we are owed / Property is worth £900000.00 high £800000.00 low / Mortgage is £400000.00 second charge ( fraudulent we believe ) £350000.00 / we are owed £380000.00 .
Submitted: 15 days ago.
Category: Property Law
Expert:  Stuart J replied 15 days ago.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

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I apologise in advance if you suffer a delay.

Kind regards.

Expert:  Stuart J replied 15 days ago.

Can you give me a brief background to how this has matter has come about please?

Expert:  Stuart J replied 15 days ago.

This is going to be one of those which would have to be decided by a court.

The general rule is that it is the date of creation of the charge which applies and if it’s not registered, then nobody has notice of it which is what creates the problem.

It is what happened in the case of the Polish charge.

So ignoring for a moment whether the Polish charge is legitimate or not, the charges actually are in the correct order because the Polish charge was created last year.

Theirs was created albeit registered late. Yours was then created after that albeit also registered even later.

The court grants a charge, it doesn’t grant any priority over any other.

So I don’t think you have an argument that you should have a second charge. The argument is the legitimacy of

I think you’re going to have to prove that the second charge is fraudulent otherwise you are third in line although if you make an application for an order for sale, as it is at the moment you will be getting the crumbs from under the table.

Expert:  Stuart J replied 14 days ago.

Can I help you any further with this? It's my pleasure to help. I’m glad that I was able to help so far. Thank you for trusting Just Answer with your legal problem. I'm happy to clarify anything which is outstanding. Please don't hesitate to ask. Kind regards Stuart

Expert:  Stuart J replied 14 days ago.

Hello again. If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months. I’m glad that I was able to help. Thank you for trusting Just Answer with your legal problem. Kind regards Stuart