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Land Registry Form TR1

Hi, hope I'm in the right place for this question.

I am currently completing a Land Registry TR1 form for the transfer of my property back into my name after bankruptcy. The form asks me to choose which title guarantee I require, which I believe is a full title guarantee, the other option to tick is limited title guarantee.

However, I do have a second charge on my mortgage with the local housing association as I bought my house through the 25% deposit scheme 7 years ago. Does this effect the title? I don't think it does, anybody have any advice or further clarification on this please?

Thank you

Lala

Comments

  • lala9
    lala9 Posts: 686 Forumite
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    Any ideas folks?
  • G_M
    G_M Posts: 51,977 Forumite
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    Clearly not I'm afraid!

    There's a couple of solicitors who post here but till they turn up......

    Try ringing the LR and asking. They will not (can not) give you advice, but they can explain the difference.
  • Land_Registry
    Land_Registry Posts: 6,076 Organisation Representative
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    Our guidance can really only extend as far as that already provided in our online explanatory notes which guide you through form TR1 (and AP1) - I suspect you may have already seen these though.

    The solicitors G_M refers to may be able to help further but it may help them to know if the 2nd charge you refer to is referred to on the register or not?
    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"
  • lala9
    lala9 Posts: 686 Forumite
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    Who are solicitors G_M? They are not mentioned on the title document. Thanks for your reply :-)
  • lala9
    lala9 Posts: 686 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Sorry I am being an air head, you meant the poster GM lol.
  • G_M
    G_M Posts: 51,977 Forumite
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    lala9 wrote: »
    Who are solicitors G_M? They are not mentioned on the title document. Thanks for your reply :-)
    Is that two seperate questions?

    1) I was referring to a couple of solicitors who periodically post on this forum. When they post, they post. When they are busy/on holiday etc, they don't!

    2) If the 2nd lender is not mentioned on the Title document, they have no Charge on the property, so can be ignored (for these purposes).

    Or did you mean the solicitors are not mentioned on the Title? Not surprised!
  • Yes, I've been busy!

    I assume OP is getting the trustee in bankruptcy to vest the property back in him. I suspect that the title guarantee to be given will depend on what the trustee wants and he may well say he will give no title guarantee! Frankly title guarantee does not mean much in the real world so it is not a big deal and I wouldn't worry if that's what he wants.


    If the property has a second mortgage on it Op may need the consent of the 2nd mortgage lender to the transfer.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • lala9
    lala9 Posts: 686 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Thanks guys for responding to me. Having studied the Title document last night the housing authority do appear on it, along with my mortgage company. So I presume I will need to get written consent from both my mortgage company and housing authority (2nd charge). Also, from what I have researched on the web I should have full title.
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