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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10128
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am really worried I wonder if you can help me I own a large

Resolved Question:

I am really worried
I wonder if you can help me
I own a large house whose market value is 487k the mortgage on it is 199k
It is an interest only mortgage and has 14years left at which time if i havent already sold, i will sell
I am 53
No kids
Divorced and kept the house in the divorce
My neighbour is bishop of hereford
He and his wife offered me 10k for a stri of wasteland on edge of my garden as they wish to create a raised veg bed
Local agents valued it and we agreed price
My bank nat west who are my mortgage co delayed so often coming to see it that i told the bishop who had booked a gardener to go ahead
He did and fenced it off etc
Now natwest want to do a full bldg survey to ok my selling it
I am v v worried they will say no and if they do i have cost the bishop a lot of money and have to repay him for the work he had done which i cant afford to do
How likely is it that the bank will say no?
The money from the land will go straight into the mortgage account to reduce the amount i owe and the bank knows this
If they do say no..legally where does that leave us as bishop has paid 1500 as a deposit
I would love a speedy reply
Kind regards
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
I would not be too concerned, Debbie.
If the land is only a strip of wasteland, you selling it will not reduce the market value of your property by more than what you intend to sell it for.
I also note your property is valued at approx. £48K and your Mortgage is less than half the value. Natwest will be looking to check that
1. The Sale won't vastly reduce the market value.
2. That the sale and any downvalue of the property won't result in the amount outstanding under your Mortgage equating to over 75% of the value of the property- which it won't.
On top of this, as long as you have confirmed to Natwest that the Sale monies will be used to reduce your Mortgage, Natwest will have no issue with your request whatsoever.
Although it won't become an issue, legally, as you have not signed the Transfer, transferring the land to the Bishop, you are not liable for any cost he has spent on the land. He really should have taken legal advice on this!
I hope this puts your mind at rest, but please let me know if you require any further clarification.
Kind Regards
Customer: replied 2 years ago.

Hi al

The house is worth 480k and mortgage 199k

I discovered when i looked at land registry that tr1 frim my divorce had not gone thru but it is going thru now

Is it likely the bank would be so cross at the delay they will refuse me?

To be fair to bishop he did take legal advice but paid me 1500 deposit as goodwill when i lrt him start the conversion early

I understand what you mean but this is a tiny village and it would cause huge unrest and upset if i couldnt go ahead

Expert:  Aston Lawyer replied 2 years ago.
Hi Debbie,
As regards ***** ***** ratio, you are fine- the sale will not make the mortgage be more than 75% of the value of the property.
As regards ***** ***** in the Transfer to you being registered, the department at Natwest who deal with issuing consent to the Sale will not request a copy of your Deeds, and nor will they search the Land Registry website either. In any event, they can't refuse to grant consent because of this delay. On a side point,if the Transfer is currently at the Land Registry, it normally only takes a week or two to get registered.
If the matter did not proceed, which I am sure won't be the case, then all you should do is return the Bishop's Deposit and just hope no more comes of it.
Kind Regards
Customer: replied 2 years ago.

Sorry al i maybe did not explain clearly enough

The bishop has had the area bulldozed and de stoned

Put a dry rock wall round it and raised veg beds erected

He has spent about eight k on it

I would not need this garden back and am worried natwest will blast me for having effectively only involved them at 11th hour

Should that happen should i just give it to him as i cant use it or sell it?

Sorry to sound such a wet lettuce


Expert:  Aston Lawyer replied 2 years ago.
Hi Debbie,
I understand he may have carried out extensive work, but really that is his fault and not yours.
As regards ***** ***** land to him, I'm afraid this won't be possible as such because the land is in Mortgage to the Natwest so you will need their consent before any legal Transfer can be completed.
I would like to stress that I have dealt with plenty of "sales of part" and the Lender has always consented in circumstances similar to you. The work really shouldn't have been started by the Bishop but there is little we can do about that now, and all I can do is reassure you.
Kind Regards
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10128
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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