How to withdraw a freeholders unilateral notice

ooSTEVEoo

I own a flat in London which is leasehold.
I am trying to remortgage to a 'fee free' HSBC mortgage and their solicitors have written to me explaining that a unilateral notice is registered against my property in favour of the freehold owner.
The solicitors want to charge me an extortionate amount to resolve this as apparently it's beyond the scope of the fee free. They say in order to proceed with the remortgage they need to obtain the requirements from the beneficiary to have this unilateral notice withdrawn before the granting of the new charge.

I've spoke to the freeholder and they're happy to sign the relevant documents to allow the remortgage for no cost.

My question is what is required to be signed? Is there some form or letter I can send them to get there approval myself which I can then forward to HSBCs solicitors to avoid there charges. I've tried searching online and I've found the forms required to cancel a unilateral notice with the land registry but this is not what I want. The freeholder wouldn't agree to have the notice removed from the register all together but they're very happy for me to remortgage. Help! How do I do it?

Many thanks in advance for any help.

Land_Registry

Based only on what you have posted there are two likely options for you to consider

1. The UN could perhaps be removed/cancelled, the charge registered and a new UN registered to protect the freeholder's interest
or
2. A Deed of postponement could perhaps be drawn up whereby the freeholder's UN is postponed in favour of the new charge

However it is important to note that option 2 is only applicable where the UN protects a financial interest - you have not stated the purpose of the existing UN but if it is not to protect a financial interest that an alternative means of protection might be considered.

In essence there is no simple (or perhaps cost-free) way of resolving the matter to the satisfaction of all parties as the freeholder may not be agreeable to option 1 whilst the mortgage lender may not agree to option 2

The above is simply procedural advice based on the limited information you have provided in your post. I cannot provide legal advice and if you remain unsure or you wish to challenge the positions taken by your freeholder or mortgage lender then you should seek legal advice