RBS Mortgage shortfall CCJ/CO - how do i get it removed?

[Shadwellgal]

(07.2012)

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 Bank of Scotland Plc

 with the benefit of an interim charging order

[mantis shrimp]

How to get it removed? 

 

If selling, give notice as per the restriction. 

 

If not selling, pay the debt. 

Edited May 31, 2022 by mantis shrimp

[dx100uk]

is the home jointly owned/mortgaged?

and the RBS debt in your sole name?

 

dx

 

[mantis shrimp]

That info was in the original title of the thread, before you played with it dexy!

[Shadwellgal]

The home does not have a mortgage, the debt was from a shortfall on another house that was in my sole name.

 

The restriction is so old the court no longer has any docs on this case and asked if I would like to make an application of notice(fee payable) to remove the charge.

 

Would this still allow the bank to come after me for the debt or does it go away? x

[mantis shrimp]

I wouldn't do that.

[Shadwellgal]

Do you know what is the best way of dealing with this?

[dx100uk]

is your current home in joint names?

 

[Shadwellgal]

Yes its in bts in joint names. 

[dx100uk]

then its a restriction k and you dont need to do anything 

it's worthless to anyone.

 

 

 

 

 

[Shadwellgal]

Thanks I read the previous info. I am not sure if its a K restriction. There is also additions to the land registry at a later date:

 

 (11.2007) 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.
(11.2007) The Transfer to the proprietor contains a covenant to
observe and perform the covenants referred to in the Charges Register
and of indemnity in respect thereof.

 

Does this mean that I would be able to sell? What can I do?

Typo, I mean: would not be able to sell?

[Shadwellgal]

Is ther anything I can do?

 

[mantis shrimp]

He was referring to the restriction that you quoted in your original post.

 

The restriction in your latest post shows that you and your co-owner own the property as 'tenants in common'. That is why the restriction in respect of the charging order is in Land Registry form K. Refer to my first post for how to deal with it:

 

Quote

If selling, give notice as per the restriction. 

 

Edited May 31, 2022 by mantis shrimp

[dx100uk]

those have no bearing.

 

yours is a restriction k.

exact wording from those other threads.

you can sell yes without issue

 

on a restriction k all that (should) has to be done is the new owner writes to the restriction k owner informing them they have purchased the property . the restriction k is automatically removed when deeds are updated.

 

don't get had by convayancers that claim a restriction k must be paid...it does NOT.

 

dx

 

[Shadwellgal]

I will have to give the option to buy the co owner, who may not agree with the sale, ive been locked out for 12 years. or can I force the sale through the court?

[mantis shrimp]

Can you say that again, more clearly please.

[Shadwellgal]

The co owner may not want me to sell, so may try to notify the RBS so they come after me for tge money and stop the sale.. 

 

Can anything be done to sell without the co owners permission?

[mantis shrimp]

1 hour ago, Shadwellgal said:

 (11.2007) 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.

You would need a court order, under the Trusts of Land and Appointment of Trustees Act 1996. I strongly recommend you to take legal advice: there is clearly a long story behind all this that you have not begun to tell.

[dx100uk]

rbs cant stop the sale.

 

dx

 

 

 

[Shadwellgal]

Ok that’s a relief! Thanks! x
Can the other owner stop the sale?

 

[mantis shrimp]

Post 18 gives you a way forward if the other owner does not agree to a sale.

[Shadwellgal]

Hiya,

Thanks for all of you guidance..

 

[Shadwellgal]

Hi,

Any advice on how I can I force the sale of the property If the co owner does not agree to sell the property.

[dx100uk]

On 31/05/2022 at 16:15, Shadwellgal said:

(11.2007) 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.

35 minutes ago, Shadwellgal said:

Hi,

Any advice on how I can I force the sale of the property If the co owner does not agree to sell the property.

 

On 31/05/2022 at 19:22, Shadwellgal said:

Can the other owner stop the sale?

 

On 31/05/2022 at 17:21, Shadwellgal said:

Can anything be done to sell without the co owners permission?

 

short answer is no-  you cannot force a sale nor do it without the other owner listed on the deeds agreement and permission else yes they can prevent and stop any sale.

 

you will need to investigate the Trusts of Land and Appointment of Trustees Act 1996 and raise a court order.

 

My Spidey scene tells me there is far more behind this story than meets the eye and will poss never be resolved with appropriate legal advice , why was this issue not addressed earlier - can i guess during previous divorce proceedings? 

 

 

 

 

[Shadwellgal]

Hi if I apply for a court to sell the house, how likely is it that it will be granted, will it take alot of money? The co owner has about 3 other houses they own to live in!!

 

Oh yes the spidey senses are right but not a divorce, really didnt know where to start its such a nightmare!

 

The house is co owned by a close relative.

I had the house in my name for years even though we both paid for it.  

Then did the right thing and put in both names as I went overseas to live.

 

When I left they changed the locks and the phone number, I havent had access to the house for over 12 years. So its all madness

 

Im trying to sort out and to be I dont know where to begin!

Honestly Ive been very ill and it took everything to get to this point where I can try to do something about it!

 

I wouldnt mind but its just plain greed they own 3 other houses!!