Jump to content

 

BankFodder BankFodder


Recommended Posts

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

Share this post


Link to post
Share on other sites

they want to be the only people with the right to grab the house if you fail to keep up your mortgage. They dont want thier money going elsewhere.

Share this post


Link to post
Share on other sites

if you remortgage the same home

sadly it matters not they are K restrictions only as such..

that thread as ours are of the same info concern SELLING the home


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

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 seperate solictor acting on behalf of me who understands this and helpmy case.

 

Thanks

Share this post


Link to post
Share on other sites

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.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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 ####).

Share this post


Link to post
Share on other sites

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..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...