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Secured loans and the Land registry

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Comments

  • Puddylove
    Puddylove Posts: 507 Forumite
    Eighth Anniversary Combo Breaker
    Elsanto, I sympathise as you are clearly having a difficult time. :(

    You haven't given much information to allow the wiser MSE forumites (is that a word?) to help and advise you.

    Maybe try posting in Debt Free Wannabe bit, say what you need the money for, what your current position is (by filling in a 'Statement of Affairs'.

    Or you could try speaking to the National Debtline and other sources.
  • Land_Registry
    Land_Registry Posts: 6,304 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    From your post it would appear that you are already in contact with us and that an application to register a third party interest (a mark as you call it) is being processed.

    From a lender's perspective if they want to secure the loan against the property (title) then they would normally investigate the title to check that you own it and to see what other interests are already secured or registered against it.

    The registered charge (mortgage) in favour of the high street lender would be the first thing to consider as I suspect they have a restriction on the title and therefore their consent to the second charge would be required

    Then they would look at any other registered interests to assess what risks might be associated with their securing the loan against the property. I suspect the more interests the greater the risks although what they are will also have some bearing no doubt. The risks are in my experience your ability to pay them as well as other creditors and what would happen should you default on the mortgage or their loan.

    At that initial stage they are unlikely to be aware of the 'pending' application to register the 'mark' although doubtless you would advise them of it's existence. In time they should become aware anyway as part of the normal conveyancing process would be to then make an application to search the title to check if anything has been registered or lodged since their first check and to protect the registration of their own secured loan.

    That is the basic process most lenders would follow in these circumstances but whether they will lend is clearly a question only they can answer.
    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"
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