Restrictions on the title

baskey

Dear All,

I am in the process of buying a property which has 6 restrictions on the title, section B. My solicitor states the the restrictions state only notice is required to be served to the beneficiaries and they then confirm to the Land Registry this has been done to remove the restrictions. I am unable to trust their words as my solicitor is also dealing with the seller. Basically same solicitor firm dealing with the buy and sell. I have copied below the relavent section from the title. Could some one help me on this ? If any legal professionals out there, I am happy to pay for their independent review on my case but it has to be done by tomorrow due to stamp duty holiday deadline. 

Restrictions B3 : (05.11.2004) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated 1 September 2004 in favour of Kensington Mortgage Company Limited referred to in the Charges Register.  

(21.08.2006) 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 Nationwide Building Society c/o Shoosmiths at The Lakes, Northampton, NN4 7SH being the person with the benefit of and Interim Charging order on the beneficial interest of Mr XXXXX XXXXXXX made by the Milton Keynes County Court on XX August 2006 in claim number XXXXXX.  

(07.12.2006) 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 DaimlerChrysler Financial Services UK Limited at Burystead Court, Caldecotte Lake Drive, Caldecotte, Milton Keynes MK7 8ND and care of Blake Lapthorn Tarlo Lyons Solicitors at New Court, 1 Barnes Wallis Road, Segensworth, Fareham, Hants PO15 5UA (Ref: XXXXXXXXX) being the person with the benefit of an interim charging order on the beneficial interest of XXXXX XXXXX made by the Southampton County Court on XX November 2006 (Claim No. XXXXXXXX).  

(08.02.2008) 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 Toyota Financial Services (UK) Plc at c/o Shoosmiths, The Lakes, Northampton NN4 7SH being the person with the benefit of an interim charging order on the beneficial interest of Ms XXXXXXXX XXXXXXXXX XXXXXXX made by the Milton Keynes County Court on XX January 2008 in Claim Number XXXXXXX. 

(18.02.2008) RESTRICTION: No disposition of the registered estate is to be completed by registration without a certificate signed by or on behalf of DaimlerChrysler Financial Services UK Ltd or its solicitors that written notice of the disposition was given to the said DaimlerChrysler Financial Services UK Ltd c/o Blake Lapthorn Tarlo Lyons, New Court, 1 Barnes Wallis Road, Segensworth, Fareham, Hants PO15 5UA at least 14 days prior to the disposition (the said DaimlerChrysler Financial Services UK Ltd being the person with the benefit of a Final Charging Order on the beneficial interest of Mr XXXXX XXXXXX made by the Southampton County Court on 9 January 2008 under claim number XXXXX) or without a further Order of the Court which ordered this restriction.  

(29.01.2019) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to Milton Keynes Council at Wilkin Chapman Solicitors, Cartergate House, 26 Chantry Lane, Grimsby, North East Lincolnshire, DN31 2LJ (ref: XXXXXXXXXX), being the person with the benefit of an interim charging order on the beneficial interest of XXXXXXX XXXXXX made by the
County Court Money Claims Centre on 14 January 2019 (Court reference XXXXXXXX).

Many thanks for reading this .

Baskey

tink_1983

I can't help with the legal jargon but you need to trust your solicitor or find a new one. This is a massive thing buying a house. 
You can't expect a forum to give you the advice your paid solicitor should be giving you.

baskey

tink_1983 said:

I can't help with the legal jargon but you need to trust your solicitor or find a new one. This is a massive thing buying a house. 
You can't expect a forum to give you the advice your paid solicitor should be giving you.

I agree with you. I wanted to have an independant legal advice but unfortunaty all the soliciotrs I have approached are really busy and I am left with another 2 days to decide. I came across this site and posted it as a last resort. May be what my solicitor tells is correct but I dont feel so unfortunately.

fiveacre

That's a lot of charges on one property! Looks like 2 mortgages, 3 cars and a charging order. Your solicitor should be ensuring that these will be removed at completion by satisfying the debts with the proceeds.

I can't see how you're a day from exchange/completion if such a basic issue remains unresolved. Echoing others' thoughts, if you don't trust your solicitor you need to replace them. But that isn't going to happen in a day unfortunately.

caprikid1

"I am in the process of buying a property which has 6 restrictions on the title, section B. My solicitor states the the restrictions state only notice is required to be served to the beneficiaries and they then confirm to the Land Registry this has been done to remove the restrictions."

There is the small bit of they will also all need paying ?

Tiglet2

I assume that different solicitors within the same firm are acting for the seller and for you.

The seller's solicitor would have to obtain settlement statements from all of these companies and would pay off the outstanding debts out of the sale proceeds on completion.  Obviously there would need to be enough sales proceeds to cover the outstanding debts.  Does your solicitor know if the seller's solicitor has all the required paperwork in order to pay the settlement figures and that there will be enough money coming in? 

This is very much something the seller's solicitor needs to deal with as your solicitor will not be able to register you as the new registered proprietor unless these restrictions have been removed.  I doubt your solicitor will allow you to exchange and complete until this is sorted.

firebubble

If you don't trust your solicitor to ensure you get the property free of these charges by getting them released correctly, you can protect yourself by alerting each company of the upcoming sale - all they will do is get in touch with your solicitor to remind him/her that the charges need to be paid off out of the sale proceeds.

The advice your solicitor has given isn't quite correct, as some need notices, but others need to provide consent or confirm they received the notice - see below.

Kensington Mortgage company need to provide signed consent - phone them up tomorrow and check they have already been asked to provide consent and whether they have returned it to your solicitor. If they ask for your solicitor's details, pass them on, including email.

Nationwide BS - you or your conveyancer needs to confirm to LR that he/she has given notice to Nationwide. Suggest you don't sign anything to confirm this unless you yourself put the notice in the post so if you don't trust your solicitor get them to confirm. Also, no harm you phoning up Nationwide tomorrow to alert them that the property is being sold under the guise of 'I just wanted to check the notice details are still correct - should I address the notice to anyone in particular?'. If they ask for your solicitor's details, pass them on, including email.

Daimler - as per Nationwide.

Toyota - as per Nationwide.

Daimler II need to provide confirmation that they received the notice. Phone them up and check that that their contact details are still correct so your solicitor can send them the notice. If they ask for your solicitor's details, pass them on, including email.

Milton Keynes Council - as per Nationwide.

SDLT_Geek

firebubble said:

Daimler II need to provide confirmation that they received the notice. Phone them up and check that that their contact details are still correct so your solicitor can send them the notice. If they ask for your solicitor's details, pass them on, including email.

For Daimler II, Blake Lapthorn Tarlo Lyons are now Blake Morgan at a Chandlers Ford address.

Irishpearce26

Trust your solicitor to handle your case ethically and don't leave a massive life changing decision so close to a deadline. Have you even exchanged or drawn down funds as you are cutting it extremely fine. 

baskey

Thank you vey much to all the replies and taking time to response, much appreaciated. I have written back to my solicitor with series of questions and their reply is in BOLD. With the above I am thinking of proceeding but I will call the companies tomorrow morning to confirm whether they received the notice.

1. Did the seller solicitor get the authority in writing from all the lenders / beneficiaries to withdraw the restrictions on completion?  This is not required. The restrictions state only notice is required to be served to the beneficiaries and we then confirm to the Land Registry this has been done to remove the restrictions

2. Will the seller solicitor promise to withdraw the restriction, on the basis of implied authority from the lenders/ beneficiaries to do so?  It will be us withdrawing the restrictions. Only notice needs to be served to the beneficiaries in order for these to be removed. When we submit our application, these will fall away from the title, when we confirm the notices have been served

3. Can the Seller solicitor confirm, having an explicit authority to sign the withdrawal form from all the lenders/beneficiaries ? This is not required

4.Can the seller solicitor confirm the sale amount is sufficient to pay for the lenders and beneficiaries that all restrictions related to? We do not require this information. The restrictions are on the person they relate to and not the property itself. As advised in the enquiry report and above the notice needs to be served to each beneficiary. We have requested the intended notice is served by the sellers Solicitors and have had confirmation this has been done for each restriction

5. How will you prevent any other claims against the property taking priority over my purchase , whilst the old mortgage/ loan is discharged after completion? We submit what we call an OS1 before completion which gives us priority over the property whilst we prepare the application to submit to the Land Registry. This provides the required protection until the property is registered as the Land Registry."

user1977

baskey said:

I will call the companies tomorrow morning to confirm whether they received the notice.

I wouldn't expect them to speak to you, given you're not their customer. (to be honest I'm not sure the first line of call centre staff would have much of a clue about this sort of thing even if you were their customer)