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  • FIRST POST
    • Devesh Shah
    • By Devesh Shah 4th Dec 17, 1:46 PM
    • 4Posts
    • 1Thanks
    Devesh Shah
    Remortgaging problem - Land Registry Restriction
    • #1
    • 4th Dec 17, 1:46 PM
    Remortgaging problem - Land Registry Restriction 4th Dec 17 at 1:46 PM
    Hi all, long time viewer and new account holder having lost access to my old account!

    I'm remortgaging via a conveyancing company provided by Santander. I have a restriction on my Land Registry Title (see below) which I know nothing about. They wrote "this restriction may be registered if it is suspected that there may be fraud or forgery (as per Land Registry Practise Guide 19 Sction 6.21). The conveyancing company have asked for me to get a certificate signed by an independent solicitor or conveyancer that we are the same people who executed the initial mortgage deed with face to face photo id confirmation. I have called appx 10 local solicitors/conveyancers who have all refused on the grounds it would open them up to significant risk if any fraud etc was committed. The conveyancing company say they can't do it as they act for the lender.

    I'm stuck and only have a month until my mortgage offer expires. Does anyone have any suggestions?

    "No disposition of the registered estate by the Proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that that conveyancer is satisfied that the person who executed the document submitted for registration as disponsor is the same person as the proprietor"
Page 1
    • davidmcn
    • By davidmcn 4th Dec 17, 3:11 PM
    • 6,286 Posts
    • 6,066 Thanks
    davidmcn
    • #2
    • 4th Dec 17, 3:11 PM
    • #2
    • 4th Dec 17, 3:11 PM
    How about the solicitors you used when you signed the current mortgage deed? And/or when you originally bought?
    • getmore4less
    • By getmore4less 4th Dec 17, 3:38 PM
    • 30,837 Posts
    • 18,445 Thanks
    getmore4less
    • #3
    • 4th Dec 17, 3:38 PM
    • #3
    • 4th Dec 17, 3:38 PM
    could just stick with the current lender on a retention deal.
    • Devesh Shah
    • By Devesh Shah 5th Dec 17, 8:41 AM
    • 4 Posts
    • 1 Thanks
    Devesh Shah
    • #4
    • 5th Dec 17, 8:41 AM
    • #4
    • 5th Dec 17, 8:41 AM
    Thanks for the replies.
    @getmore4less The offer I got was better than Nationwide and Santander waived the product fee when I applied.
    @davidmcn The conveyancer (TCS) were hopeless when we were mortgaging and never answered phonecalls or emails. They also don't have an office for face-to-face ID based in London.
  • Land Registry
    • #5
    • 5th Dec 17, 9:07 AM
    • #5
    • 5th Dec 17, 9:07 AM
    A couple of things may be worth mentioning

    The wording of the restriction refers to '....is satisfied that the person who executed the document submitted for registration...' so that relates to the new mortgage. I'm unsure why they would need the conveyancer who acted for you previously to confirm as it is the here and now evidence that is required. You have to prove that you are one and the same as the person named on the register and whilst there is a link to the old mortgage it's not the only link.

    The restriction simply states 'a conveyancer' so can the conveyancing company, who after all are presumably making sure you are one and the same before they advise Santander to lend, not provide the certificate?

    The restriction is normally only applied for where the registered owner believes that they are at significant risk of being a victim of property fraud. You mention not knowing anything about it though, which seems odd but perhaps something to check/clarify once you have dealt with the remortgage and considered whether you actually need the restriction.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Devesh Shah
    • By Devesh Shah 6th Dec 17, 9:55 PM
    • 4 Posts
    • 1 Thanks
    Devesh Shah
    • #6
    • 6th Dec 17, 9:55 PM
    • #6
    • 6th Dec 17, 9:55 PM
    A couple of things may be worth mentioning
    The restriction simply states 'a conveyancer' so can the conveyancing company, who after all are presumably making sure you are one and the same before they advise Santander to lend, not provide the certificate?
    Originally posted by Land Registry
    Their wording was "We require this certificate to be provided by your own solicitor as we only act for the lender and not yourselves and HM Land Registry Practtise Guide 19 Section 6.21 provides that this restriction may be registered if it is suspected there may be fraud or forery. in the circumstandes we require a face to faceID to take place and for the certificate to be given by your solicitor accordingly."

    The restriction is normally only applied for where the registered owner believes that they are at significant risk of being a victim of property fraud. You mention not knowing anything about it though, which seems odd but perhaps something to check/clarify once you have dealt with the remortgage and considered whether you actually need the restriction.
    Originally posted by Land Registry
    Thanks for the advice. I think the previous owner was involved in divorce proceedings so perhaps went on then? Neither I nor my wife would have wanted this. Is there any way we can have it removed?

    Regards,
  • Land Registry
    • #7
    • 7th Dec 17, 5:48 AM
    • #7
    • 7th Dec 17, 5:48 AM
    Their wording was "We require this certificate to be provided by your own solicitor as we only act for the lender and not yourselves and HM Land Registry Practtise Guide 19 Section 6.21 provides that this restriction may be registered if it is suspected there may be fraud or forery. in the circumstandes we require a face to faceID to take place and for the certificate to be given by your solicitor accordingly."


    Thanks for the advice. I think the previous owner was involved in divorce proceedings so perhaps went on then? Neither I nor my wife would have wanted this. Is there any way we can have it removed?

    Regards,
    Originally posted by Devesh Shah
    Simply their choice then here although it begs another question as to who is acting for you? Is there no condition attached to the lending that requires you to be legally represented?

    The irony is that if that restriction was not there then the lender's conveyancer would need to satisfy themselves as to your identity in order to submit the actual application. Seems odd that they have not done that already

    Removal is made using firm RX3 and you woukd need a certificate from a conveyancer for that also
    Last edited by Land Registry; 07-12-2017 at 5:50 AM.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Devesh Shah
    • By Devesh Shah 7th Dec 17, 10:11 AM
    • 4 Posts
    • 1 Thanks
    Devesh Shah
    • #8
    • 7th Dec 17, 10:11 AM
    • #8
    • 7th Dec 17, 10:11 AM
    Simply their choice then here although it begs another question as to who is acting for you? Is there no condition attached to the lending that requires you to be legally represented?
    Originally posted by Land Registry
    I applied directly to Santander so have no legal representation, nor was it required as they said they would pay for conveyancing.

    I'm going to ask the conveyancing company again if they can do the check for us as this seems a little ridiculous. I'm going to take your advice and ask for the restriction to be lifted either way as cannot see any benefit.

    Once again many thanks for the ongoing advice.
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