Restriction B4 on property without my knowledge

[BeenThereTooManyTimes]

I really hope that someone can assist. 

 

I am applying for a re-mortgage which has been a long time coming, I won't go into great detail but needless to say due to an acrimonious separation I had to fight to keep my children, home and sanity.

 

My conveyancing solicitor emailed to ask me to contact the solicitor to remove the Restriction. 

I knew nothing about this so initially was confused then as I gained more information have been in total shock for 4 days, unable to eat or sleep.

It seems the father of my children, my ex-partner unbeknownst to me was able to lodge a B4 Restriction against my house, my home.

 

We purchased the property together in 2005 with a joint mortgage and my name on the deeds. 

Following our separation in April 2006 it took a while but I eventually managed to secure a mortgage in my own name in April 2007. 

In May 2007 this B4 restriction was put on and I did not know at the time and 13 years later have finally stumbled across this.

 

During the period between his leaving and the Restriction being put on he secured credit against my property which he should not have been able to do.

 

Can someone please advise my legal standing and what on earth I can do? 

The very least of this is that it is holding up my re-mortgage which I am finally in a position to be able to do.

 

It is the most unbelievably stressful, worrying, awful nightmare of a situation be be in.

 

Thank you to anyone who can point me in the right direction.

[dx100uk]

can you type out the exact words of the restriction as it appears minus any per info please

[AndyOrch]

Hi and Welcome to the Forum.

 

So in effect he fraudulently raised credit against a property no longer mortgaged in his name ? When you secured your mortgage in your own name was the previous joint mortgage cleared ? 

 

You will need Form RX3 or RX4 depending who is going to sign it and then submit it to HM Land Registry. There is no fee. 

Get his consent and use RX4

 

https://www.gov.uk/government/publications/cancel-a-restriction-registration-rx3

 

https://www.gov.uk/government/publications/withdraw-a-restriction-registration-rx4

 

Andy

[BeenThereTooManyTimes]

Wording: RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

 

Credit was taken out whilst he was not living here but still on the mortgage.

 

The Restriction was placed, without my knowledge, one month after the new mortgage, which cleared the whole of the existing mortgage in both our names, thus both the mortgage and deeds were in my sole name.

 

Thank you ever so much for your replies, I am really struggling to keep it together here and cannot let my children know anything of this.

[AndyOrch]

Thanks...so the dates and timings are critical here.....what arrangements with dates were made with regards to any divorce settlement re property ?

[BeenThereTooManyTimes]

None, no divorce, no marriage, no agreement at all.

[AndyOrch]

Okay...so he knowingly applied for credit using the property as security with full knowledge that you were imminently remortgaging and removing him from the deeds and therefore obtained this credit by deceit.

 

What type of credit was it and the name if your prepared to divulge ?

[BeenThereTooManyTimes]

I received paperwork for a loan and a mobile phone contract to my address, I do not know the exact dates of these but was told that he could apply legally as he was still on the mortgage.  He did know I was taking a new mortgage in my own name.

He was never on the deeds, always in my sole name.

 

At this point I do not know who has lodged this restriction, the name(s) on it or how much it is for.  

[AndyOrch]

Quote

He was never on the deeds, always in my sole name.

 

Then how can he be joint mortgagee on the old mortgage  ?  

 

https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

[BeenThereTooManyTimes]

I have just been told that this Restriction is actually not permitted when there is one sole proprietor listed on the title deeds so they are unsure how this has actually been permitted to happen.

[dx100uk]

by whom?

 

dx

[BeenThereTooManyTimes]

The solicitor.

[AndyOrch]

https://freeconveyancingadvice.co.uk/diy-conveyancing/notices-restrictions-on-title

[BeenThereTooManyTimes]

Thank you for your advice.