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Remortgage issue with restriction k's


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Hi All,

I have managed to find a lender to remortgage my house.

The solicitors acting on their behalf are asking to clear all the restrictions on the property as well.

I am debating why do I need to do that? after reading the below link I feel I can get rid of restriction when I am about to sell

http://forums.moneysavingexpert.com/showthread.php?t=1839539

Please advise if there is any solution?

 

Thanks

Bill

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if you re mortgage with the same lender is doesn't need paying

if you re mortgage with a new lender then most probably you will have to settle it.

that thread you relate too, as ours does, relates to info concerning the SELLING of your home

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX

unfortunately the solicitors acting on behalf of lender are adamant on clearing the restriction.

Please advise what should I say to them in legal terms which may help them to understand.

I am thinking of hiring a separate solicitor acting on behalf of me who understands this and help my case.

Thanks

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It depends on how the restriction is worded. If it just says "no disposition ..." Then yes you do but if it says "no disposition other than a charge ...." then you don't.

 

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Below is the wording..

 

###### 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 ###########,

being the person with the benefit of an interim charging order on the beneficial interest of #### made by the ##### (Court reference ####).

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  • 2 years later...

only needs paying if you remortgage with a new creditor and not the original mortgagee

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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