Entries on Land Registry

Sam_Arthur

I am looking to sell my house, on the land registry details there are two restrictions. One in my name and one in my wife's. Am I correct in assuming that restrictions cannot stop me selling even if there is not sufficient equity to cover the outstanding loans?

There is also a registered charge in respect of the Mortgage, which is obviously binding and must be paid.

Am I correct in respect of the Restrictions or just overly optimistic.

Thanks in advance.

Pixie5740

I think they might be able to block the sale but I'm not 100% sure. Maybe the National Debtline would know.

Land_Registry

What's the wording of the two restrictions (names removed) and why were they registered?

jonesMUFCforever

Sam_Arthur wrote: »

I am looking to sell my house, on the land registry details there are two restrictions. One in my name and one in my wife's. Am I correct in assuming that restrictions cannot stop me selling even if there is not sufficient equity to cover the outstanding loans?

There is also a registered charge in respect of the Mortgage, which is obviously binding and must be paid.

Am I correct in respect of the Restrictions or just overly optimistic.

Thanks in advance.

You need to give us a lot more information - my guessimate is that you are/have seperated and solicitors for both of you are trying to safeguard your financial positions?
There must be a good reason why they were first placed and unless withdrawn could well prevent a sale going through.
Your solicitor is the best person to advise you.

Sam_Arthur

For Land Registry Representative, the wording is as follows: -

(10.09.2007) RESTRICTION: No disposition of the registered estate is to
be registered without a certificate signed by the applicant for
registration or his conveyancer that written notice of the disposition
was given to Northern Rock at care of Dickinson-Dees LLP, One Trinity
Gardens, Broad Chare, Newcastle Upon Tyne, NE1 2HF refernce (ref no) being the person with the benefit of an interim charging order on the
beneficial interest of (Name) Made made by the Newcastle
Upon Tyne County Court on 10 April 2003 claim number (nunber).

And

(19.12.2007) RESTRICTION: No disposition of the registered estate is to
be registered without a certificate signed by the applicant for
registration or his conveyancer that written notice of the disposition
was given to HFC Bank Limited at Restons Solicitors Limited of Trinity
Chambers, 800 Mandarin Court, Centre Park, Warrington WA1 1GG being the
person with the benefit of an interim charging order on the beneficial
interest of (Name) made by the Wellingborough County Court on 4
December 2007 Court reference (Ref no).

The date of this search was 30/06/15

Thanks for any help.

Sam_Arthur

For Land Registry Representative, the wording is as follows: -

(10.09.2007) RESTRICTION: No disposition of the registered estate is to
be registered without a certificate signed by the applicant for
registration or his conveyancer that written notice of the disposition
was given to Northern Rock at care of Dickinson-Dees LLP, One Trinity
Gardens, Broad Chare, Newcastle Upon Tyne, NE1 2HF refernce (ref no) being the person with the benefit of an interim charging order on the
beneficial interest of (Name) Made made by the Newcastle
Upon Tyne County Court on 10 April 2003 claim number (nunber).

And

(19.12.2007) RESTRICTION: No disposition of the registered estate is to
be registered without a certificate signed by the applicant for
registration or his conveyancer that written notice of the disposition
was given to HFC Bank Limited at Restons Solicitors Limited of Trinity
Chambers, 800 Mandarin Court, Centre Park, Warrington WA1 1GG being the
person with the benefit of an interim charging order on the beneficial
interest of (Name) made by the Wellingborough County Court on 4
December 2007 Court reference (Ref no).

The date of this search was 30/06/15

Thanks for any help.

jonesMUFCforever

So basically you took loans from HFC bank and Northern Rock who will need to be paid back from the sale of the property.
If there is not enough equity in the property you need to get in touch with the lenders NOW to see if they will transfer the debt to an unsecured basis.
Again more information is required here - how much do you owe in total including the main mortgage? What is the house worth? How much are you selling at?

terryw

Have a read of the eggbox thread
https://forums.moneysavingexpert.com/discussion/1839539

Sam_Arthur

Yes Terry I have seen that, which is why I posted initially it certainly seems to describe my situation, I am just hoping that it is true.

terryw

Sam_Arthur wrote: »

Yes Terry I have seen that, which is why I posted initially it certainly seems to describe my situation, I am just hoping that it is true.

Yes it is true. Eggbox and the LR rep have put in an immense of work on that thread.

The difficulty is that most solicitors just don't understand it or have their own agenda. I believe eggbox has the name of a solicitor who understands it . perhaps a request to eggbox via pm might give the details.

Or contact legal firms yourself to find a conveyanced who is up to date.

jonesMUFCforever

OP can you please explain the reason why you think a court would not uphold the charge registered?
Are you disputing the amounts owed or are they in one name and you think it should not apply?