Bulk Transfers of Charges and Judgment Mortgages

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1. Introduction
2. Preliminary Check of Excel Spreadsheet Data
3. Fees
4. Applications re Registered Entries v Pending Entries
5. Transfer of Charges
6. Transfer of Charges Involving Subsidiary (“S”) Folios
7. Transfer of Judgment Mortgages
Appendix – Template for Excel Spreadsheet

1. Introduction

This practice direction covers all applications lodged in bulk for registration of Transfers of Registered Charges in Form 56 of the Land Registration Rules 2012 and Transfers of Judgment Mortgages. Bulk transfers of property (Form 19 to 24 of LR Rules 2012), Transfers of Liens and Transfers of Crystallised Charges are not intended to be covered. A bulk application is defined as an application affecting 30 or more folios.

Where a property is unregistered, even if the property is the subject of an application for first registration currently pending in the Land Registry, the appropriate application should be made to the Registry of Deeds rather than the Land Registry.

2. Preliminary Check of Excel Spreadsheet Data

When an application is to be made for registration of a bulk application an Excel spreadsheet containing a list of the folios and the relevant entry numbers is to be prepared by the lodging solicitor. The data must be provided in the format as set out in the Appendix hereto with separate columns for: County; Folio Number; Tenure; and Entry Number.

Prior to lodgement of the application, this spreadsheet is to be electronically submitted to the Bulk Applications Section for approval. The email address for lodgement is bulktransfers@prai.ie. Upon receipt, this spreadsheet is checked to ensure that it is in the correct format and that only correct folios and entry numbers are set out therein. Any problems or issues are to be pointed out to the solicitor for correction.

When all of the data has been checked and confirmed, the solicitor should be informed that the application for registration should be lodged. Each application should be accompanied by a certificate, signed by the individual solicitor lodging the application, that the details of the relevant charges/ judgment mortgages and the relevant entry numbers of the charges/judgment mortgages and the relevant folio numbers provided in the spreadsheet corresponds exactly with the details of the charges/ judgment mortgages in the schedule to the deed of transfer. The application should be lodged by the solicitor within 48 hours.

An application for registration will only be accepted after the data contained in the spreadsheet has been formally approved.

3. Fees

Fees are to be charged by reference to the consideration in the deed of transfer. If the consideration is not specified in the deed, the maximum fee of €800 should be applied. One fee covers all transfers in the same transaction where the case has been separated/ subdivided to enable more efficient processing of the application per sections 4, 5 and 7 below.

4. Applications re Registered Entries v Pending Entries

Applications in respect of charges which are the subject of a pending application for registration must be made separately from applications in respect of charges which already appear as a registered burden on a folio.

Applications for transfer of judgment mortgages may only be made after the judgment mortgage has been registered i.e. no application can be accepted in respect of judgment mortgage applications where registration is pending.

The separation of applications involving “S” folios is dealt with at section 6 below.

5. Transfer of Charges

Significant problems exist in the processing of bulk applications. To address this and to enable efficient processing of applications, separate applications should be lodged in respect of each block of 30 folios. Therefore, for each block of 30 folios the following should be lodged:

  • Original Form 17.
  • The Original Form 56 Transfer in the first dealing and a certified copy in each of the associated dealings.
  • Solicitor’s certificate that the spreadsheet data corresponds exactly with the details of the charges in the deed of transfer.
  • One fee only is to be charged in respect of each transfer. This fee is charged for the first dealing only and no fees are to be charged for the associated dealings.

If a solicitor refuses to subdivide an application they should be informed that this may have a significant, negative impact on the processing time that may be expected.

Upon receipt of the application, the relevant officer should ensure that the spreadsheet lodged has received prior approval.

Having done this, the officer should ensure that the documents are in order i.e. that the transfer complies with Form 56 and has been correctly executed. The spreadsheet should be checked against the schedule of the Deed of Transfer to ensure that both correspond.

Applications not in order should be rejected, not queried.

If the application is in order the following note is to be added to the existing charge entry:

The ownership to this charge has been transferred. See entry no. (new entry)

A new entry is then composed for the change of ownership as follows:

(Name of New Owner) is owner of the charge at entry no. (old entry)

6. Transfer of Charges Involving Subsidiary (“S”) Folios

The processing of applications involving folios registered on the subsidiary register pursuant to Section 8(b) of the Registration of Title Act 1964 (as amended) and Rule 186 of the Land Registration Rules 2012 can be difficult where the application involves a transfer of part of the “S” folio.

In these cases, the solicitor should be informed that the closure of the “S” folio would simplify and speed up the registration process. The solicitor should be invited to request the closure of the subsidiary folio for the purpose of having the charge ownership registered in the register of the property charged (under the part 3 burden entry). This request need only be in writing by the registered owner of the “S” Folio or his/ her solicitor, pursuant to Rule 10 of the Land Registration Rules 2012. The consent of any person having an interest in the charge must be given.

7. Transfer of Judgment Mortgages

As stated previously, applications for transfer of judgment mortgages may only be made after the judgment mortgage has been registered i.e. no application can be accepted in respect of judgment mortgage applications where registration is pending.

Also, a transfer by deed of a Judgment Mortgage may not be registered unless the ownership of the judgment mortgage is registered on a Subsidiary folio or an application is lodged, together with the transfer, to register the title to the judgment mortgage on a Subsidiary Folio under Rule 186 of the Land Registration Rules 2012.

If the judgment mortgage is not registered on an “S” Folio the transferee’s interest may be protected by an Inhibition. There is no prescribed form of transfer but Form 56 [Transfer of a Charge] may be adapted.

If an S folio is already opened the transfer should be in Form 19 and in this situation the bulk applications procedure is not required to be followed.

As with a transfer of charges and to enable efficient processing of applications, separate applications should be lodged in respect of each block of 30 folios. To make an application for registration of a transfer of a judgment mortgage where an S folio is not already opened the following is required to be lodged:

  • Form 17.
  • One fee only is to be charged in respect of each transfer. This fee is charged for the first dealing only and no fees are to be charged for the associated dealings.
  • Solicitor’s certificate that the spreadsheet data corresponds exactly with the details of the judgment mortgages in the deed of transfer.
  • Application for registration of the ownership of the judgment mortgage. There is no prescribed form of application and therefore an amended Form 1 should be lodged. The original should be lodged with the first application and certified copies with each associated application.
  • Transfer which should be an amended Form 56. The original should be lodged with the first application and certified copies with each associated application.
  • Registry of Deeds searches against the original creditor from the date the judgment was obtained and against the applicant from the date of the deed of transfer of the judgment mortgage.

If the application is in order a new subsidiary folio should be opened. Part 1A of this folio should contain the full wording of the judgment mortgage entry copied from Part 3 of the debtor’s folio.

A note should be added as follows:

This judgment mortgage is registered as a burden at entry no. (entry) Part 3 Folio (Folio No.)

The instrument number under which the judgment was originally registered should be entered in the “Official Note Text”

The ownership of the subsidiary folio will be registered at Part 2 using only the instrument under which the transfer of judgment mortgage was lodged

A note should be entered at the foot of the judgment mortgage entry in the debtor’s folio as follows:

The title to this judgment mortgage has been transferred and is registered on Folio (S Folio No.) at Entry No. (Entry)

 

John Murphy
Deputy Registrar
12th March 2018

Appendix

Template for Excel Spreadsheet
The data should be provided on a spreadsheet in the following format with separate columns for County, folio number, tenure and entry number, as set out in the table below. It should be noted that all folios should be grouped by county and then listed numerically, by folio number.