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Conveyancing Expert: Re-mortgage and Restriction on Title

4 replies

Spickle · 25/01/2018 16:20

Hello, hope someone with knowledge can help!

Trying to remortgage with another lender after our current fixed rate deal came to an end. All was progressing nicely when we came to a halt over a restriction on our title. DP and I own as Tenants in Common in unequal shares 75/25 - the restriction is this:

"No disposition by the proprietors of the registered estate is to be registered unless one or more of them makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with a Declaration of Trust dated ...... and made between Spickle and Spickle's DP both of (address) or some variation thereof referred to in the declaration, statement or certificate."

We don't want the restriction removed, we want the title deeds to remain as is, apart from the change of lender.

Can anyone advise how we can get past this hurdle, as our case is going nowhere, even though we sent them a copy of the Declaration of Trust and a signed Statement of Truth as they requested? They acknowledged receipt of these over a month ago and there has been no progress since.

Thank you!

OP posts:
aliceinwanderland · 25/01/2018 16:47

If you've given the statement of truth then that is all your new lender needs . Are you sure it is this which is causing the delay?

Spickle · 25/01/2018 17:19

Thank you for responding.

I have been waiting for a completion date (ERC expired from old lender on 3rd January) but so far new lender hasen't requested a redemption statement from the old lender. I spoke to both old lender and new lender today. Old lender confirmed no redemption figure had been requested and new lender said they hadn't had a response from their legal team to say that the restriction had been satisfied.

OP posts:
aliceinwanderland · 25/01/2018 20:05

Can you get your solicitor to chase the banks legal team, or get your mortgage broker to chase?

Spickle · 25/01/2018 22:08

Thank you. I have spoken to the broker today to chase, which he has done. The mortgage came with "free legal work" so the solicitor acts for the lender, not me. I have chased the legal team on various occasions, mainly by email since they do not answer their phones.

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