Does a unilateral notice have any affect?

rd2131

Just wanting to find out if a unilateral notice is enough to stop a sale of a house? It's quite a simple case really. My parents have just recently divorced and the house has been split and put on the market. My mum doesn't work nor has anybody that would support her financially and keep up with the mortgage payments. Her brothers aren't willing to help her. My father has moved out and renting in another area. He told me in writing that the house is mine as well and that I'd be able to move in in the future.

I'm not an expert and just need to find out if it's enough to deter buyers.

Thanks.

RD2131

TrickyDicky101

I am confused. Who wants to prevent sale of the house? Presumably your mum needs to sell to redeem the mortgage and she and your father to go their separate ways. Why does this involve you at all?

cattie

I don't quite understand your post, but unless you are on the mortgage, no part of the house is yours, despite what your father tells you.

Why on earth would you be looking to stop the sale of a house that you admit your mother couldn't afford? Where is the money to pay your father off going to come from if you are thinking of moving back in with your mother. Do you earn enough to qualify for a mortgage on the house if you are thinking of buying it?

Unless the house is fully bought & paid for, it's just not possible to say to somebody 'oh you can have my half of the house, I don't want it' as the house is part owned by the mortgage lender.

antrobus

rd2131 wrote: »

... My parents have just recently divorced and the house has been split and put on the market.....

Then there will be a consent order specifying what happens to the former matrimonial home. If that specifies that the home should be sold and the procceeds split in a specified manner, who the frack is it that has registered this unilateral notice with the LR, and what interest are they trying to protect?

Land_Registry

It may simply be a case of the title already has a Unilateral Notice registered for some reason?

If a UN is already registered then technically a sale can proceed as the UN could remain on the register. In such circumstances though a buyer is likely to ask for an undertaking (minimum) or evidence from the beneficiary of the UN that it would be removed before proceeding with the purchase - in essence therefore it's existence would have an effect

antrobus

Land_Registry_representative wrote: »

It may simply be a case of the title already has a Unilateral Notice registered for some reason?....

That's a possibility, although if that was the case one would have thought it was something that would have been dealt with during the 'recent' divorce proceedings.

It would be helpful if the OP returned to explain exactly who it is that registered the notice and why. But something tells me that might not happen.

dj.boz

Is the Unilateral charge there from a debt? Or from one of your parents?

If it is a debt, then is there enough equity to pay of the debt, which in turn will release the charge? If not, can you come to some agreement with the creditor that he will release the charge for x amount?

In order for someone to buy the property (and more so with a mortgage) it is normal for all charges to be removed (by the seller). We have had an awful amount of stress in trying to buy a house with a unilateral charge, it took 26 weeks from accepting our offer to completing. A total nightmare and would defiantly put me off being in that position again!

rd2131

Hi Dj.boz,

The fact that a UN would put you off buying a house is a good enough reason for me. Sorry for the confusion. It's just a method of deterring buyers. We do want to keep the house as my mum can't really afford to rent.

I registered the notice as we do not want to loose the house. And with the mortgage payments I'm sure there's some way we can pay.

I just wanted to know if the UN can deter buyers which from the answers here it can to some extent.

Thanks all.