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Re-mortgaging - Restriction on Title

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Hello, hope someone with knowledge can help!

Trying to remortgage with another lender after our current fixed rate deal came to an end. All was progressing nicely when we came to a halt over a restriction on our title. Other Half and I own as Tenants in Common in unequal shares 75/25 - the restriction is this:

"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 a Declaration of Trust dated ...... and made between Tiglet2 and Tiglet2's Other Half both of (address) or some variation thereof referred to in the declaration, statement or certificate."

We don't want the restriction removed, we want the title deeds to remain as is, apart from the change of lender.

Can anyone advise how we can get past this hurdle, as our case is going nowhere, even though we sent them a copy of the Declaration of Trust and a signed Statement of Truth as they requested? They acknowledged receipt of these over a month ago and there has been no progress since.

Thank you!

Apologies, posted in Property as well, not sure which was best for advice!

Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Month ago was Christmas. Have you chased them up recently?
  • Tiglet2
    Tiglet2 Posts: 2,662 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Thank you, yes I have chased them up approximately every 4/5 days. The legal team acknowledged receipt of the Statement of Truth on 18th December. I have sent 4 emails in January to which I have not had a response.
  • ThePants999
    ThePants999 Posts: 1,748 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Phone and ask what's going on.
  • Tiglet2
    Tiglet2 Posts: 2,662 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Thank you, I have been phoning - problem is not helped by difficulty getting through and then only being able to speak to a young unqualified assistant who doesn't know the case, doesn't have access to the file and won't pass you on to the correct team. Constantly being told that I will get a call back, which never happens.

    There is a further development however. I have been advised that they requested a redemption statement from my current lender so fingers crossed we are getting somewhere now. It's taken 3 months to get to this point.
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