Statement of Truth / Statutory Declaration

RED28

Hi,

Has anyone got any experience of the wording involved in compiling a Statement of Truth / Statutory Declaration in regards to complying with a Form B restriction on a title when re-mortgaging?

We've basically got a restriction on our title which refers to a Declaration of Trust created when my partner and i bought our house stating who would get what in the event of our relationship breaking down. We are now re-mortgaging and need to provide a Statement of Truth / Statutory Declaration saying that the re-mortgage is in accordance with the Declaration of Trust, i'm just unsure of the official wording.

A starter for ten would be:

"With regards to the following:

RESTRICTION: No disposition by the proprietors of the registered estate is to be registered unless one or more of them makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with the Declaration of Trust dated xx xxxx xxxx or some variation thereof referred to in the declaration, statement or certificate.

I declare that the disposition is in accordance with the Declaration of Trust dated xx xxxx xxxx.

I believe that the facts and matters contained in this statement are true."

I have scoured the internet and called the Land Registry but still unable to locate the exact wording.

Can anyone help? Should I make reference to what the actual disposition is, i.e. change of mortgage provider? Should i include the name of the new bank?

Thrugelmir

You may well need a Statutory Declaration. This will require you to sign the declaration in front of a solicitor. So your best bet is to seek advice from your conveyancing solicitor and deal with the matter at the same time as the remortgage.

RED28

Thanks for your reply.

However we do not have our own conveyancing solicitor as the one doing the re-mortgage is acting for the bank only.

The restriction says i can provide one myself so wanted to try that first

Thrugelmir

RED28 wrote: »

However we do not have our own conveyancing solicitor as the one doing the re-mortgage is acting for the bank only.

The restriction says i can provide one myself so wanted to try that first

I'm sure that they'll assist with other matters.

The purpose of using a solicitor as a witness to you both is to avoid dispute at a later date.

Land_Registry

RED28 wrote: »

i'm just unsure of the official wording.

A starter for ten would be:

"With regards to the following:

RESTRICTION: No disposition by the proprietors of the registered estate is to be registered unless one or more of them makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with the Declaration of Trust dated xx xxxx xxxx or some variation thereof referred to in the declaration, statement or certificate.

I declare that the disposition is in accordance with the Declaration of Trust dated xx xxxx xxxx.

I believe that the facts and matters contained in this statement are true."

I have scoured the internet and called the Land Registry but still unable to locate the exact wording.

Can anyone help? Should I make reference to what the actual disposition is, i.e. change of mortgage provider? Should i include the name of the new bank?

Our guidance on statements of truth (SOT) should help here although I appreciate you are looking for 'exact wording'

However the exact wording re the start and end of the SOT you already have so it is really the middle part, namely the facts as to the existence of the trust and what the disposition (remortgage) is what you need. There is no official wording as each situation will be unique and based simply on the circumstances although in my experience there should be no need to provide anything more than the basic facts.

In making such a statement you would need to link the facts to the actual application, namely the remortgage so reference to the new lender and relevant details re date of the charge would be necessary.

And if the remortgage is in accordance with (or does not contravene) the Declaration of Trust then you would include this as well.

If you remain unsure as to what is required then legal advice, perhaps from the solicitor who advised on the Declaration of Trust and registration of the Form B restriction would be helpful?