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B136(CO) Notice of an application to register a restriction against the land - what is it?

Last post Tue, Aug 14 2007, 9:47 AM by CJ73. 16 replies.
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  •  Tue, Aug 14 2007, 9:47 AM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    Thanks Jason.

    You've given us a little more hope.  I guess we're looking an another lengthy, expensive court battle at the very least though.

     

    • Post Points: 20
  •  Mon, Aug 13 2007, 11:11 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    Also check out the Landregistry.gov.uk website.
    • Post Points: 20
  •  Mon, Aug 13 2007, 11:05 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    CJ,

    You may possibly be able to do something about this. If the house is in joint names, your partner has the right to tell the court all the circumstances. Your partner should have been sent a copy of the interim charging order and given an opportunity to go to the hearing to put his points forward. For example:

    • Who paid for the deposit to buy the home?
    • Who has made the mortgage payments since?
    • If there are children at home, ask the court to put a condition that the house cannot be sold by the creditor until the children have grown up.
    • The co-owner will need to file and serve written evidence of their objections at least 7 days before the hearing.

    He will need to put a case forward and maybe have documentary evidence that he paid for the deposit/paid for the mortgage etc. 

    If a charging order is made by the court, then it will hopefully only apply to the other hlaf's share of the property. Some of this I knew, some from UK Insolvency Helpline but we can't post links in here (it would be most useful if we could as I could then point you direct to the said paragraph.

    • Post Points: 5
  •  Mon, Aug 13 2007, 10:05 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    Absolutely!

     I'll report back when we have more info.

    • Post Points: 20
  •  Mon, Aug 13 2007, 9:55 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    Hi -- Yes, best to check it out, but your partners ex will have had no choice in the matter at all, this is usually placed automatically unless there are other means to repay the amount in question.

    But you would think as a matter of common courtesy, that they would give people a fully informed choice before placing these CO's.

    • Post Points: 20
  •  Mon, Aug 13 2007, 9:43 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    I'm astounded that it's possible for the ex to do this to the property without my partner's knowledge or consent.

    Thank you so much for your advice, we'll be calling our solicitor first thing tomorrow!

    • Post Points: 20
  •  Mon, Aug 13 2007, 9:26 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    Whatever amount the CO is for will be taken straight from the eventual sale and paid to the claimant, before the money is then divided by the Solicitor who handles the properties eventual sale. There is no workaround this, they have the first claim to £XXXXX amount out of the sale, no matter who owes the money.

    Best check how much the CO is for, and that interest will not be added to the figure, at least it will not be as big a shock rather than waiting to find out.

    • Post Points: 20
  •  Mon, Aug 13 2007, 8:37 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    The notice implies that it relates to the entire property, is it possible to ensure that it is in someway restricted only to the 70% his ex will receive?  It appears to me that he could, potentially, lose everything - depending on the size of the amount owed.

    • Post Points: 20
  •  Mon, Aug 13 2007, 8:16 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    CJ73 -- The charging order is not necessarily an indicator of your partners creditworthiness, in this case it has been applied to the property, in order that the legal aid in this case is repaid when the property is eventually sold, also check that interest does not apply.

    Your partner would be advised though to get his credit reports from the credit agencies to check this out, but I think in this case your partner would only come across problems, if he were to try to use the ex house as security for a secured loan.

    • Post Points: 20
  •  Mon, Aug 13 2007, 8:05 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    My partner has just received the same notice.  We live together in my house, but he has a 30% share in the house his ex-wife and children live in.  This property is to be sold when the youngest child leaves full-time education and the proceeds split then.

     We believe that it relates to the legal-aid his ex-wife received for the divorce proceedings, but what effect will it have for my partner?  Is he now liable at all?  Will it affect his credit rating too?

    Any advice would be very gratefully received.

    • Post Points: 20
  •  Thu, Aug 02 2007, 6:59 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    Thanks for this extra information. I'll alos be sending a copy of it to the Plain English Society.
    • Post Points: 20
  •  Mon, Jul 23 2007, 3:19 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    Just one additional thing: some people look at statements like this, shrug their shoulders an assume that as long as no-one appears to be chasing them for the money now, life carries on as normal.

    Don't be tempted to do that. Quite apart from your mum's credit rating, there are other reasons why you (or she) should do something now.

    These things are usually applied for when a bank or similar credit provider finds it impossible to obtain settlement in any other way and the debts is too large to write off. If it is a debt, and it almost certainly is, that debt will continue to have interest charged against it.

    In a case I came across a couple of years ago, someone who incurred some debts in the late 1980s and had this kind of notice placed on his property. The original debt came about 12,000 quid, but by the time he died in 2005, it had run into many tens of thousands of pounds, largely because of compound interest that ran at a very highrate. The heirs to this person's estate had to settle for a very large sum out of court.

    To give you an example of how compound interest works, a £5,000 debt can grow to almost £16,000 after just 15 years at 8%.

    My strong suggestion is that you or your mum find out what has happened, why, if your mother actually is liable and how it might be settled - before things turn really nasty.

    • Post Points: 35
  •  Fri, Jul 20 2007, 2:30 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    OK Thanks ;)
    • Post Points: 20
  •  Fri, Jul 20 2007, 1:58 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    Not exactly sure how, but it will affect the credit rating in that it will show up on credit searches, especially if securing a loan against the property, as they wil see that a charging order already exists and the order will have priority over a new lender, in reclaiming any money due.

    • Post Points: 20
  •  Fri, Jul 20 2007, 1:49 PM

    Re: B136(CO) Notice of an application to register a restriction against the land - what is it?

    conmankiller:The above notice B136(CO) is an official notice that someone who your Mother owes money to, is applying to have a charging order (CO) placed against her title deeds, at the HM land registry, this ensures that when the house is sold, the creditor gets their money back from the acting Solicitor.

     Thanks for the explanation:) The only other info. I've been able to glean that it is a bad thing, since  it affects credit rating and financial reputation. Is this true and to what extent is it bad?

     Thanks

    • Post Points: 20
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