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House Restrictions preventing me purchasing a property

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Comments

  • SDLT_Geek
    SDLT_Geek Posts: 2,911 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    There are provisions allowing a sale by a first mortgagee to override the later charges, the position is explained here: https://www.gov.uk/government/publications/transfer-under-a-chargees-power-of-sale/practice-guide-75-transfer-under-a-chargees-power-of-sale 

    You might struggle to get NatWest to exercise the power of sale though, as it would leave them the problem of working out to whom to pay the balance of the price.  They would have to sell for full market value.
  • Land_Registry
    Land_Registry Posts: 6,164 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    You need to share more of the detail re what is actually recorded on the register, namely restriction(s), actual legal charge(s), charging order(s) or anything else
    As others have posted debts don’t simply disappear and we cant simply remove the entries without sufficient supporting evidence eg confirmation the debt has been paid, the charging order dismissed by the court or otherwise. 
    Whilst you refer to a charge (mortgage) with Nat West and a restriction much may depend on the latter and if the restriction refers to a joint or sole debt? 
    If it is restrictions/charging orders you are trying to deal with then try the MSE thread ‘Charging Order - the myth’ where the OP can offer advice 
    Official Company Representative
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  • GDB2222
    GDB2222 Posts: 26,312 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    wilfred30 said:
    I'm finding this all a bit confusing!  I've never heard of a buyer having to track down creditors who have placed a Charge on a property.  Isn't that for the sellers' solicitor to sort out?

    If you're already living in the house, why do you want to buy it anyway?  Can't you just carry on paying the interest on your parents' mortgage until such time as the mortgage capital has to be repaid and then let the Lender repossess it and buy somewhere else?

    If the house was bought many years ago, the mortgage may not even be all that much money. So, maybe just pay it off when the time comes?

    The OP, or more accurately his parents, has a house that's perfectly liveable-in, but cannot be sold for a lot of money, because of the other charges. So, live in it, or rent it out. There's no point getting it repossessed on purpose.

    No reliance should be placed on the above! Absolutely none, do you hear?
  • You parents need to deal with their debts (whether with your help or not). If they can't or won't you should probably forget about buying this house and probably should wonder if its even worth staying and paying anything (you may end up with nothing for it). But it's hard to know without the info.
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