Form A restriction when re-mortgaging on Land Registry document

S_Lane

Land_Registry said:

S_Lane said

Thanks for this. I'm still a bit confused why you say that my husband is not 'named' in the restriction. I have taken out the personal details but the wording on the restriction is:
"(15.01.2014) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by "my husbands name" of "our address" or his personal representative or conveyancer."
(Where I am the sole proprietor of the registered estate)
Therefore, I would consider this to be as 'named' in the restriction. I am hoping that it will be possible to cancel this restriction for the purposes of the remortgage and the reapply the restriction if necessary, following the remortgage, so that the date on the restriction is after the remortgage has taken place, which should satisfy Halifax, knowing that he will not have priority to the estate over them should repayments failed to be made. Can you see a problem with the cancellation of this restriction, for the purposes that I have given?

In relation to expediting the application, it refers to a reference number on the contact form and I do not have one. At present, there is still time, but I am also aware that this is not the only hurdle in the remortgage because there has also got to be a solar panel lease check, therefore, the sooner that each of these steps can take place, the better to avoid missing the deadline.
Is there a reference number that I should be using or will it be OK without one? it would probably be easier having a phone conversation to discuss this, is there a phone contact number for Land Registry?

You’ve solved our confusion by actually posting the restriction wording. It’s not a form A restriction but one applied for to protect his interest. So you can’t remortgage without his consent, hence the lender being unwilling to lend as he has a protected interest which would take priority over any secured loan.
You don’t use an ST5 to remove it but you can use a form RX3 to cancel it or he can withdraw it using form RX4 - the latter is likely to be quicker 
If you cancel/withdraw it then the issue goes away and you can apply to register a new restriction after the remortgage
When you apply you’d do so using the relevant title number. Once you’ve lodged the form RX3 or RX4 you then request expedition separately quoting the title number and lodging a copy of your mortgage offer. There’s no need to ring as there’s nothing to discuss if you follow the steps provided 

Thanks ever so much. I'd been led to believe that his restriction was a from A restriction hence the confusion. Glad I have made it simpler to understand. I have already sent off an RX3 form accompanied by ST5 (and a copy of the mortgage offer as 'evidence' to try to explain why I was requesting the cancellation). Annoying as I had completed the RX4 form, but then, as I incorrectly believed about the Form A restriction, I didn't think I could use it. I won't complicate things further by sending that off too, I'll leave it with what I have provided for now. Thank you again for your help.

Land_Registry

S_Lane said:

Thanks ever so much. I'd been led to believe that his restriction was a from A restriction hence the confusion. Glad I have made it simpler to understand. I have already sent off an RX3 form accompanied by ST5 (and a copy of the mortgage offer as 'evidence' to try to explain why I was requesting the cancellation). Annoying as I had completed the RX4 form, but then, as I incorrectly believed about the Form A restriction, I didn't think I could use it. I won't complicate things further by sending that off too, I'll leave it with what I have provided for now. Thank you again for your help.

The application won’t be looked at for several weeks so if there’s an urgency you need to request expedition as posted. 

If expedited at least it will be looked at in good time and if we need more we will advise. 

And if it’s an RX3 and we run with it we’ll most likely have to run wider checks which also take time