Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Restriction placed on my property

(9 Posts)
LondonSuperTrooper Tue 05-Apr-16 00:53:29

I'm in middle of remortgaging my flat & have just discovered that the bank of Scotland have placed a restriction on my flat in 2013 when I remortgaged to a new provider. This is complete news to me!
Does anyone know how I can remove the restriction or to find why it was placed in the first instance? I've never been in debt & always paid my mortgage on time.

Collaborate Tue 05-Apr-16 07:37:45

What does the restriction say?

QuiteLikely5 Tue 05-Apr-16 07:40:51

I've never heard of restrictions getting in the way of a remortgage.

Are you sure you haven't got the wrong end of the stick here?

Maybe a restriction saying no but to let? But they can't restrict you from leaving them or anything

LIZS Tue 05-Apr-16 07:52:11

Restriction on what way? Was the full loan redeemed . Did you use a solicitor to remove charges on land registry?

Sootica Tue 05-Apr-16 07:55:07

Are you sure bank of Scotland is not your current mortgage provider ?(several mortgage cos come under the B of S umbrella)
Can you also see a charge for your current mortgage co?
It may be that the original charge was never removed when your mortgage was redeemed so should be simple to get removed if so - ring them up and ask

Rangirl Tue 05-Apr-16 09:08:42

Can you post the wording as that sounds very strange

Collaborate Tue 05-Apr-16 09:18:40

It could be a standard restriction from when BoS had the earlier mortgage (am assuming they did as you've not said they didn't), which the LR or your solicitors forgot to remove when remortgaging.

But if you don't post the wording no one can assist further in identifying why it's there.

LondonSuperTrooper Tue 05-Apr-16 13:11:30

Thanks for your replies. I'm out at the moment, I'll post the wordings once I get home.

LandRegRep1862 Tue 12-Apr-16 10:51:05

Assume resolved as no further post but.....
I suspect the restriction is the one mentioned above and which is standard for current mortgage lenders so it relates to the current mortgage.
When you remortgage and the current lender removes (discharges) their mortgage the linked restriction comes off as well

If it is not a linked restriction (and the wording would confirm whether it is or not) then presumably it is there to protect some other debt/interest - if an old one which predates your ownership then the entry date would make that clear.

If there quite correctly then a form RX3 for you to apply to cancel it and a form RX4 for BOS to withdraw it. the former would rely on you also providing evidence to support it's removal, namely that their interest has come to an end

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now