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The registrar will continue to accept statements of satisfaction for any registered charges created prior to 1 October 2011.
Secured creditors with registered charges are able to appoint Receivers and Receivers & Managers depending on their charge.
These up-front creditors are usually the Inland Revenue (tax), HM Customs and Excise (VAT), unpaid employees and those with registered charges, usually the banks.
The question is whether the court has power under section 82 of the Land Registration Act 1925 to order the register to be rectified by deletion of the entry of the building society's registered charge in the charges register.
(1) The proprietor of a registered charge may make a further advance on the security of the charge ranking in priority to a subsequent charge if he has not received from the subsequent chargee notice of the creation of the subsequent charge.
The plaintiff sought rectification first, against her daughter, who had fraudulently induced the plaintiff to sign a transfer leading to the daughter's registration as proprietor and, secondly, against chargees who, without any notice of the daughter's fraud, had advanced money to the daughter on the security of registered charges.