Checking legitimacy of a registered charge

Mother passed away recently leaving her estate to her grown up children. We understood that she owned her house. She remarried in 2012 and her husband claims to have paid off her existing mortgage in 2007 and at that time, place a charge on the house for the amount that he paid to be repaid plus £1000 per year interest. Title number NK258393. We have a copy of the charge in the form of a completed CH1 form which appears to have been completed by mum's husband and signed by a local person who is not legally trained i.e. the charge does not appear to have been completed by a solicitor. Mum's only input appears to be a signature which could or could not have been signed by her. Before we arrange to pay this charge, may we assume that if this charge has been registered with the Land Registry, it definitely refers to a legitimate payment that must have been paid on mum's behalf?

Many thanks for your help.

Jo - I am sorry to read of your loss
If you have copies of the paperwork submitted then you will be aware of how the charge was secured against the title. If you are looking to question the legitimacy of what happened and the resultant paperwork then it's legal advice you need
A form CH1 would not need to be completed by a solicitor although presumably your late Mother and her husband sought some for of legal advice/assistance as a conveyancer then submitted the application to update the register  
We would have ensured that the submitted paperwork was completed correctly and in order to enable us to register the charge
The conveyancer would have been responsible for the execution of the form CH1 for example and satisfying themselves as to the identities of those involved/executing the form etc 
I suspect that the conveyancer who acted for your late Mother no longer has any records to assist as we are now some 18 years on 
But very much legal advice you need as mentioned if you are challenging the registered information and form CH1
NK258393. 

Thanks Adam.

On requesting a copy of the charge, we were sent the completed form CH1; it looks like there would have been a form AP1 or FR1 sent to Land Registry as well for this matter. CH1 gives information about the amount lent, the interest payable and the rules for paying it back. Would either of the other forms completed been completed by a solicitor and would they provide more information about this charge?

Many thanks.

Jo - form AP1 would have been used to apply to update the register. The form would include the details of the firm who acted but nothing specific re the background to the legal charge. That's all in the form CH1 itself 
Take a look at the form AP1 to see what details are included - Change the register (AP1) - GOV.UK

Thank you very much Adam.

Are we able to get a copy of form AP1 to find details of the firm who acted?

Thanks again for your help and for always replying so quickly.
 

Jo - you can apply by post - Get information about property and land: Get a copy of the deeds - GOV.UK
You are applying for a copy of the form AP1 submitted to register the form CH1 dated 15/10/2007
NK258393

Thank you so much, again, Adam. You always provide such excellent advice very quickly.

Sorry Adam - another question - do we need to complete form OC2 to obtain a copy of AP1, or do we just write and request the copy of the form please?

Jo - form OC2 is needed to get an official copy of the form AP1

Great! Thanks Adam.

Hi Adam,

Following your advice, I completed form OC2 to obtain a copy of form AP1 and included my email so that the form may one sent electronically. I can see that the cheque to Land Registry for this service cleared a week ago on Wednesday 9th April. Should I have received an electronic copy of the AP1 form by now please? If so, just wondering whether my email address has been misread as the form was completed by hand.

Many thanks,

Jo

Hi Jo - looks like they did attempt to email you but that failed. A letter has been issued explaining that we don't have a copy of the application form submitted at the time and which would normally be held in our paper files. A refund of the fee will follow. 
NK258393

<p>&lt;p&gt;Hi Adam,&lt;br&gt; &lt;br&gt; Is it possible that form AP1 was not submitted? If the Land Registry does not have a copy of the AP1 form, how does this affect the validity of the charge? I wanted the AP1 form as the CH1 form appears to be completed without legal assistance i.e. by the person who placed the charge.&lt;br&gt; &lt;br&gt; Many thanks,&lt;br&gt; &lt;br&gt; Jo&lt;/p&gt; &lt;div id=accel-snackbar style=&quot;left:50%;top:50px;&quot;&gt;&lt;/div&gt;</p> <div id=accel-snackbar style="left:50%;top:50px;"></div>

Hi Jo - very unlikely. Zero impact as the legal charge has been registered. The form AP1 doesn't include anything to support whether legal advice was sought/given. You/We know it was submitted by HANSELL PURDY under their reference JC/GEORGE which confirms a conveyancer was involved and the reference implies that they were acting for the registered owner.
The copy of the form AP1 would not provide anything 'extra' to the evidence you already have
NK258393

Thanks Adam.

I did not know that the form was submitted by Hansell Purdy - I only have CH1 which has no references to a legal firm or legal personnel. That information is very useful as it confirms that AP1 was submitted by a legal firm and that a conveyancer was involved.

Should a copy of AP1 still exist in the Land Registry records?

Many thanks,

Jo

Jo - the copy of the form AP1 would have confirmed the details of who submitted the application. Paperwork is filed as appropriate and form AP1 would be a key document to retain. But sadly they can and do go 'missing' albeit very rarely 
The firm's address at the time was 26 KING'S ARMS STREET, NORTH WALSHAM, NORFOLK NR28 9JX
As posted previously we wouldn't normally share in this way as a copy of the form should be applied for but as we don't have a copy on file I can share.
I very much doubt if the firms will have records from so far back but obviously they can advise as appropriate