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Posted Fri, 01 Nov 2024 16:01:26 GMT by Roberto Gonzalez
I send to you my last email because I intend to make an application to the court for a charging order against the two joint owners but in the meantime I would have to register to the Land Registry the two charging orders that I already have because it is not sure that my application for another charging order this time against both joint owner will be granted to me by the court.

And, I would like to be sure that if I get two restrictions this will not prevent me from getting a notice when I will register my charging order against both joint owners if
Posted Fri, 01 Nov 2024 16:07:11 GMT by Adam Hookway
Roberto - each charging order will in effect be a separate 'interest' and you can then apply to register restriction or notice as appropriate and as PG 76 and algorithms explain
Posted Sat, 02 Nov 2024 01:55:34 GMT by Roberto Gonzalez
I would like to know if a charging order is discharged when it is paid and not when the restriction k is removed. Hence, the question is if the property is sold will the new owner “inherit”  the charging order and the beneficial interest which is charged will pass to him.
 
Posted Sat, 02 Nov 2024 06:14:14 GMT by Adam Hookway
Charging orders are either discharged by the creditor or dismissed by the court themselves.
A form K restriction can be withdrawn by the creditor, cancelled by the debtor/owners or automatically cancelled when overreached for example following a sale and where it has been complied with 0 see PG 76 section 4
When a property is sold the restriction has to be complied with and if it is then it is usually automatically cancelled as it has been overreached. The new owner does not 'inherit' the beneficial interest/debt 
I'd recommend seeking legal advice here to understand what having a charging order actually does and how it impacts on both the debtor, whether they own a property or not, and what powers of enforcement it actually gives you as the creditor - in my experience it doesn't work in the ways you are suggesting
Perhaps try Charging orders | National Debtline for a wider understanding
Posted Sat, 02 Nov 2024 10:46:18 GMT by Roberto Gonzalez
I have two questions

I think that the debt is in the property not on its owner because it is the property which is charged.

I would like to know if the charging order disappears after the property is sold because it is supposed to be a secured debt.

The purpose of a notice is to inform i.e. to give notice to a prospective buyer that there is a charging order on the property. I would like to know how the prospective buyer is informed of the charging order with a restriction.

I have read that even if the purchaser is made aware of the charging order after the property is sold the charging order still stand
 
Posted Sat, 02 Nov 2024 23:02:32 GMT by Roberto Gonzalez
I do not think that a charging order disappear into thin air only because a restriction k is removed because it is a secure debt. I think that a charging order disappears when it is discharged i.e. when  it is paid and not when the property is sold.

I think that the creditors can make another application to register another restriction k so that the new owner has to inform him if he sells his house.

I think that I have understood the problem which is that the purchaser should be made aware of the existence of a charging order on the property.

If there is notice in the title register the purchaser will be aware because of the notice.

If there is a restriction k it should be aware of this charging order because this restriction and because the lawyer informing the creditor of the intention to sell the property will be aware of this charging order.

Moreover, the creditor when according to the restriction k will be made aware of the intention to sell the property, he can inform the purchaser that there is a charging order in the property. It is possible that this is one of the purposes of a restriction k.

If I have well understood a restriction is superior to a notice because with a notice the creditor will not be made aware of the intention to sale the property.
 
Posted Sun, 03 Nov 2024 09:34:29 GMT by Adam Hookway
Roberto - you really do need legal advice here to understand how the debt it attached to the named individual and can then be protected on the register if they own property. 
The term 'secured debt' is more commonly linked to a mortgage where you use the property to secure a loan against the value of the property itself. 
Whether there is a Notice or a Restriction a potential buyer is aware of them by virtue of reading the register - primary purpose of checking the register when buying is to confirm the seller owns it And also what protected interests might need to be dealt with during the selling/buying process
A Notice does not stop a buyer from completing on their purchase and if it's not cleared then the Notice remains on the register

A charging order is a debt against an individual so it does not 'disappear' as you put it. That's perhaps the fundamental point you need to fully understand.
A charging order 'disappears' when it is dismissed by the court or discharged by the creditor.
Posted Mon, 04 Nov 2024 10:41:43 GMT by Roberto Gonzalez
In the form RX1 in panel 12 it is required I say the :

“Nature of applicant’s interest:”

I suppose that I have to say that I am the person with the benefit of two interim charging order on the beneficial interest of the joint owners

But in panel 12 of this form is also required that I say the :

“Details of how the applicant’s interest arose:”

I do not know what to reply to this and if I have to explain the history of my claim to the Civil National Business Centre
 
Posted Mon, 04 Nov 2024 11:33:49 GMT by Adam Hookway
Roberto - see the explanatory notes at the side of the form for help re which parts are required and with what 
Posted Mon, 04 Nov 2024 14:12:26 GMT by Roberto Gonzalez
I have read these explanatory notes but I have not yet fully understoodd what is required in Panel 12 and what difference there is between the information requested in panel 9 and in panel 12

Can you provide me with some examples?
Posted Tue, 05 Nov 2024 07:27:36 GMT by Adam Hookway
Roberto - there are no 'examples' as all depends on your specific circumstances
Panel 12 asks you to explain what your interest is and how it has come about. Presumably you would want to refer to the charging order details here?
Panel 9 is for you to insert the restriction wording you are applying for whilst panel 12 is for you to state what the actual interest is

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