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COP Deputyship Order - Charging Property
COP Deputyship Order - Charging Property
Posted
Mon, 27 Jan 2025 09:37:21 GMT
by
David Kipnis
The question relates to administration of a Deferred Payment Scheme on behalf of a local authority, and placing a legal charge and restriction on the property title to secure local authority funding.
Customer's son received a COP Deputyship Order (under the Mental Capacity Act 2005) - there's no restriction 2(b), however the Order is very specific in describing his powers:
"The deputies are authorised to sell the property of [customer name] known as [property address] on the best possible terms and after payment of legal fees and other professional charges to invest the net proceeds for the benefit of [customer name]."
The Oder further states that:
"For the purpose of giving effect to this order the deputies may execute or sign any necessary deeds or documents."
It is my understanding that, the Oder affords sufficient rights to the deputy to sign CH1 and facilitate a Deferred Payment Agreement between the customer and the local authority, even though it does not contain the usual "charge or sell" sentence.
Could you please confirm this COP Deputyship Order will be accepted by HM Land Registry as sufficient authority to act on behalf the property owner in agreeing for a charge and restriction to be placed on the property.
Many thanks,
David
Posted
Mon, 27 Jan 2025 10:27:42 GMT
by
Adam Hookway
David - provided a copy of the interim order authorising the transaction and execution of any necessary deeds and documents by the named individual(s) is lodged with the disposition, and the legal charge has been duly executed by the individual(s) named in the order, then it should be acceptable for registration purposes.
As with all such things a final decision won't be made re acceptability until the application is submitted and considered as appropriate but I am sure you already appreciate that caveat
Posted
Mon, 27 Jan 2025 10:33:49 GMT
by
David Kipnis
Thank you Adam - as always, very helpful and quick reply.
I shall go ahead with DPA and the application.
Thanks again,
David
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