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Remortage Advice - Restriction on Property

Hi,
I am at my wits end with both my conveyancer and my management company as I am currently remortgaging and have been since mid January. My previous mortgage expired in end of March and I'm now on SVR paying an extra £800 on top of my mortgage per month. I had been moving to a new lender as so that I would be on more interest only and repayment than full repayment so that it reduces the hit on my salary which is a huge chunk of it today. My conveyancer is Enact, who for the best part of the first month, incorrectly sent emails and letters (without following up) to a company that was mentioned on my Land Registry as an owner of a Restriction but has since ceased to exist as of 2006. Once I caught wind and did my due diligence to see that the company doesn't exist and they should contact my current management firm (Countrywide), I've been stuck between different parts of Countrywide Limited with people bouncing emails off one another saying this person should give me the Restriction Disposition certificate and then subsequently the person would say they don't and forward me to another. This has gone back and forth for around 6 weeks now.
When I purchased the flat 2 years ago, my solicitors did not have the same problems and I'm wondering if Enact even understood the restriction correctly or if anyone at MSE is able to in leymans terms describe what is required from this Restriction.
Thanks
<div>RESTRICTION:- Except under an order of the Registrar no</div><div>disposition by the proprietor of the land or made in exercise of the</div><div>power of sale in any registered charge is to be registered unless</div><div>accompanied by a certificate is furnished <company that ceased to exist in 2006><span style="background-color: transparent; color: inherit; font-size: inherit; font-family: "Helvetica Neue", Helvetica, Arial, sans-serif;"> or Countrywide</span></div><div>Residential Lettings Limited of Central House, Clifftown Road, Southend</div><div>on Sea SS1 1AB that notice of such disposition has been given to the</div><div>said Countrywide Residential Lettings Limited.</div>

Comments

  • MovingForwards
    MovingForwards Posts: 17,161 Forumite
    10,000 Posts Seventh Anniversary Name Dropper Photogenic
    @LoosSerine can you put the full restriction up please?
    Mortgage started 2020, aiming to clear 31/12/2029.
  • LoosSerine
    LoosSerine Posts: 14 Forumite
    10 Posts Second Anniversary Name Dropper
    @MovingForwards
    Thanks for responding. This is the full restriction on the Original Copy of Register of Title.
    On the actual Lease, the only Restriction mentioned is:
    8. RESTRICTION
    THE Lessor and the Lessee hereby applied to the Chief Land Registrar for entry of the following Restriction in the proprietorship register of the registers of title applied for the Demised Premises:
    "RESTRICTION - Except under an order of the registrar no dealing by the proprietor of the land in this Title or made in exercise of the power of sale in any registered charge is to be registered unless accompanied by a certificate issued by the secretary or other proper officer of the Lessor or the Manager that notice of such dealing has been given to the Manager (as defined in the registered lease)"
  • LoosSerine
    LoosSerine Posts: 14 Forumite
    10 Posts Second Anniversary Name Dropper
    Bump for advice.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    What's the connection between the old company who placed the restriction and Countrywide? 
This discussion has been closed.
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