Land Title Practice Manual

211 Registration Of Assignment Of Judgment And Form Of Assignment

In This Volume

  • 211 (1) If an assignment of a registered judgment is not prohibited by law, the registrar may, on application, effect registration of the assignment by making an endorsement of it in the register in the manner approved by the director.
  • (2) This section applies to judgments registered or renewed and assigned after October 30, 1979.
  • (3) An assignment of a registered judgment may be in the form approved by the director and, when in the approved form and registered, operates to assign the following to the assignee:
  • (a) the judgment;
  • (b) all money due and to become due on the judgment for principal, interest and costs, and all other securities to be derived from the judgment, at law or equity, or otherwise;
  • (c) the right to exercise the powers of the judgment creditor.

1979-219-208; 2004-66-102 and 2004-66-103, effective January 20, 2005 (B.C. Reg. 16/2005).

FORMS

Assignment of Judgment

The director has approved the use of the Form C Charge. The Form 28, Assignment of Judgment was cancelled on January 1, 2017.

Submissions

On the Form C Charge, select Nature of Interest, Transfer of Charge, and complete the attached Terms of Instrument—Part 2.

When Nature of Interest, Transfer of Charge, is selected, item 4(b) Express Charge Terms on the Form C Charge is ticked automatically and Terms of Instrument—Part 2 is appended to the form. The appended Terms of Instrument—Part 2 must be used.

The Terms of Instrument—Part 2 that are appended automatically contain two consideration fields applicable to the words of transfer. The Consideration Value field defaults to $1.00 and the Description of Consideration field defaults to and other valuable consideration. These two fields may be edited where applicable.

The words of transfer are not editable because words of transfer are required to ensure the application is registrable. Additional terms may be added in the Additional Terms field.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

See Di Castri, Registration of Title to Land, vol. 3, §21:6.