Remortgaging problem - Land Registry Restriction

Devesh_Shah

Hi all, long time viewer and new account holder having lost access to my old account!

I'm remortgaging via a conveyancing company provided by Santander. I have a restriction on my Land Registry Title (see below) which I know nothing about. They wrote "this restriction may be registered if it is suspected that there may be fraud or forgery (as per Land Registry Practise Guide 19 Sction 6.21). The conveyancing company have asked for me to get a certificate signed by an independent solicitor or conveyancer that we are the same people who executed the initial mortgage deed with face to face photo id confirmation. I have called appx 10 local solicitors/conveyancers who have all refused on the grounds it would open them up to significant risk if any fraud etc was committed. The conveyancing company say they can't do it as they act for the lender.

I'm stuck and only have a month until my mortgage offer expires. Does anyone have any suggestions?

"No disposition of the registered estate by the Proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that that conveyancer is satisfied that the person who executed the document submitted for registration as disponsor is the same person as the proprietor"

davidmcn

How about the solicitors you used when you signed the current mortgage deed? And/or when you originally bought?

getmore4less

could just stick with the current lender on a retention deal.

Devesh_Shah

Thanks for the replies.
@getmore4less The offer I got was better than Nationwide and Santander waived the product fee when I applied.
@davidmcn The conveyancer (TCS) were hopeless when we were mortgaging and never answered phonecalls or emails. They also don't have an office for face-to-face ID based in London.

Land_Registry

A couple of things may be worth mentioning

The wording of the restriction refers to '....is satisfied that the person who executed the document submitted for registration...' so that relates to the new mortgage. I'm unsure why they would need the conveyancer who acted for you previously to confirm as it is the here and now evidence that is required. You have to prove that you are one and the same as the person named on the register and whilst there is a link to the old mortgage it's not the only link.

The restriction simply states 'a conveyancer' so can the conveyancing company, who after all are presumably making sure you are one and the same before they advise Santander to lend, not provide the certificate?

The restriction is normally only applied for where the registered owner believes that they are at significant risk of being a victim of property fraud. You mention not knowing anything about it though, which seems odd but perhaps something to check/clarify once you have dealt with the remortgage and considered whether you actually need the restriction.

Devesh_Shah

Land_Registry wrote: »

A couple of things may be worth mentioning
The restriction simply states 'a conveyancer' so can the conveyancing company, who after all are presumably making sure you are one and the same before they advise Santander to lend, not provide the certificate?

Their wording was "We require this certificate to be provided by your own solicitor as we only act for the lender and not yourselves and HM Land Registry Practtise Guide 19 Section 6.21 provides that this restriction may be registered if it is suspected there may be fraud or forery. in the circumstandes we require a face to faceID to take place and for the certificate to be given by your solicitor accordingly."

Land_Registry wrote: »

The restriction is normally only applied for where the registered owner believes that they are at significant risk of being a victim of property fraud. You mention not knowing anything about it though, which seems odd but perhaps something to check/clarify once you have dealt with the remortgage and considered whether you actually need the restriction.

Thanks for the advice. I think the previous owner was involved in divorce proceedings so perhaps went on then? Neither I nor my wife would have wanted this. Is there any way we can have it removed?

Regards,

Land_Registry

Devesh_Shah wrote: »

Their wording was "We require this certificate to be provided by your own solicitor as we only act for the lender and not yourselves and HM Land Registry Practtise Guide 19 Section 6.21 provides that this restriction may be registered if it is suspected there may be fraud or forery. in the circumstandes we require a face to faceID to take place and for the certificate to be given by your solicitor accordingly."


Thanks for the advice. I think the previous owner was involved in divorce proceedings so perhaps went on then? Neither I nor my wife would have wanted this. Is there any way we can have it removed?

Regards,

Simply their choice then here although it begs another question as to who is acting for you? Is there no condition attached to the lending that requires you to be legally represented?

The irony is that if that restriction was not there then the lender's conveyancer would need to satisfy themselves as to your identity in order to submit the actual application. Seems odd that they have not done that already

Removal is made using firm RX3 and you woukd need a certificate from a conveyancer for that also

Devesh_Shah

Land_Registry wrote: »

Simply their choice then here although it begs another question as to who is acting for you? Is there no condition attached to the lending that requires you to be legally represented?

I applied directly to Santander so have no legal representation, nor was it required as they said they would pay for conveyancing.

I'm going to ask the conveyancing company again if they can do the check for us as this seems a little ridiculous. I'm going to take your advice and ask for the restriction to be lifted either way as cannot see any benefit.

Once again many thanks for the ongoing advice.

JoeKIng

Would be interested to know what happened

Amitmoney

Hi, I am in exactly same situation with remortgage with Santander. Because of the problem getting the certificate, I even tried to hire local solicitor to do the whole remortgage. But, all of them refuse to act and saying it put them on risk. I also tried to hire my previous solicitor but same problem. I am not sure why government and solicitor are trying to strongly recommend this restriction but then do not want to act afterwards.
I would be interested if you managed to solve your problem, if so how.
Thanks

JoeKIng

Hi Amit Money

The best solution is to shop around- eventually you will find a solicitor who will act for you as part of a conveyancing process - when they have to establish your ID anyway as part of the new client rules. And in future to protect yourself against fraud, simply sign up for the Land Registry property alert - it's free and far less hassle than this anti-fraud restriction clause.

good luck.