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Mitz78

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  1. Oh ok didn't think of that, I thought it was useful advice for me anyway, the same as I thought about your advice but oh well least it's not anything I've done wrong eg messed up settings or notification permissions ect not even sure that's possible though lol hope you're well though, I'm just waiting on the land registry forms to progress my situation forward, on hold until then and then will see what happens going forward. Updates to follow.
  2. Where have the comments from Mantis shrimp gone?? I can't see them in the thread or the 2nd page of the thread for some reason, any forum moderator or anyone else for that matter know what has happened??
  3. Then I'll do it together, least it's one shot then and I'll no sooner if it works.
  4. Of course, the land registry is also sending me the form to do that also, I belive its form RX3 or RX4 I forget but they are sending it to me, I didn't think to do it the same time, I was going to wait until I got confirmation of the name removal using form DJP and then apply for the restriction k to be removed using your reasoning and based on your advice, would it be beneficial to do this at the same time?
  5. I can confirm that there is no such entry that would relate to the property being tenants in common and the mortgage and house was a joint tenancy and is now just a sole proprietor , I have confirmed this with my mortgage company and the land registry who are sending the form to remove his name from the title deeds the land registry did advise that although his name would be removed as joint proprietor the restriction k would remain until I apply to have it removed or Cabot withdraw the restriction, I will update when this progresses, thank you again for for your help
  6. Thank you dx100uk I will re read those threads and try and understand how these restrictions work, my head is fried with all this information at the moment, so I'm going to get his name removed in the first instance and deal with the restriction after that, will keep you posted
  7. That sounds great, thank you Mantis shrimp, I will let you know what happens when I send the form off and I get a response from the land registry so may be a couple of weeks before I know more, but will try and investigate more about what you said as well regarding beneficial interest ect see what we discover, thanks again and speak soon.
  8. Thank you, I am going to send the completed form to have his name removed to the land registry and see what happens, will leaving the restriction there and doing nothing impact on my attempt to remortgage in a couple of years?
  9. Will the land registry remove his name from the title deeds with the restriction k still in place? as I am looking to remortgage with a new lender I understand that the restriction has to be removed/paid in order to avoid any issues with the remortgage , I am just unsure how to do this when it is in the deceased joint owners name. Trying to avoid legal fees if possible and avoid probate in not required anybody have some clear advice for me or do I have no choice but to see a solicitor
  10. Thank you for your response to answer as clearly ask can, 1. I clearly misunderstood my mortgage company when they advised me upon me that I had done all I needed to with regards to the house, I was obviously wrong under the assumption that they would advise the land registry. 2. I don't know how much is owed under the charging order as I have only just found out about it and can only see what I copied off the title register. I am in a position to be able to pay the order as long as it is not in the thousands of pounds. 3. What do you mean by "careful footwork" am I likely to be in trouble for this as I really did believe that I had done all I needed to do. With regards to the land registry will they remove his name from the title whilst the charging order remains or will I have to try and deal with that first? Am I better off getting some legal advice before I do anything? Was hoping at best that I could hopefully pay off the debt and get the order removed and then remove his name but it looks like that is going to be more difficult than I thought, also am I going to need probate to do this? Sorry I'm just so confused and worried and I don't want to make the wrong move, also worried that I have unintentionally broken the law
  11. This is the ownership section b which I think means it was a joint tenancy with the detailed restrictions (which I thought became a tenancy in common because of the restriction imposed by Cabot against my uncle). B: Proprietorship Register / Cofrestr Perchnogaeth This register specifies the class of title and identifies the owner. It contains any entries that affect the right of disposal. Mae'r gofrestr hon yn nodi'r math o deitl ac yn enwi'r perchennog. Mae'n cynnwys unrhyw gofnodion sy'n effeithio ar yr hawl i waredu. Title absolute/Teitl llwyr (05.06.2006) PROPRIETOR: [edited] of [address] (27.08.2002) The price stated to have been paid on 18 July 2002 was XXXXXXXX. (17.01.2007) RESTRICTION: Except under an order of the registrar no disposition by the proprietor of the land is to be registered or noted without the consent of the proprietor of the Charge dated 8 November 2006 in favour of Preferred Mortgages Limited referred to in the Charges Register.. (08.09.2008) 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 Cabot Financial (UK) Limited at PO Box 250, West Malling, Kent ME19 4LT being the person with the benefit of an interim charging order on the beneficial interest of [edited] made by the Bridgend County Court on 11 August 2008 (Claim Number XXXXXXXX).
  12. Mantis shrimp - in answer to your questions - Date of death of co-owner - 14/02/19 If you know - whether the joint ownership was as 'joint tenants' or 'tenants in common'. - it was joint tenants however I understand that it became tenants in common because of the charging order or am I mistaken? The date of the charging order - 08.09.2008 (If you do not know, you can upload an anonymised version of the Land Registry title entries: I would be looking at Part B - the Proprietorship Register) - I have copied the entry wording here - (08.09.2008) 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 Cabot Financial (UK) Limited at PO Box 250, West Malling, Kent ME19 4LT being the person with the benefit of an interim charging order on the beneficial interest of XXXXXXXXXXXX made by the Bridgend County Court on 11 August 2008 (Claim Number XXXXXXXX).
  13. Am I in the right place to ask for help with this historic charging order I've just discovered, which is from from a deceased relative with whom I had a joint mortgage with, I will provide more information once I know I'm in the right place as it's not easy to explain in writing so the post may be quite lengthy, I thank anyone in advance who helps or points me in the right direction, thank you.
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