How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10236
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

I have a property and is registered in mine and my ex girlfriend,

Resolved Question:

I have a property and is registered in mine and my ex girlfriend, I have remarried and I am trying to remortgage the property in mine and my wife's name (my ex has agreed to release from the property).
I have found out that their is a restriction registered on the title deeds, this restriction refers to a different property I owned with another with another partner that was repossessed in 1998 with debt outstanding and relating to the restriction made on my current property.
The restriction reads as follows, is there any way this can be removed from the titled deed so I can proceed with my remortgage?
B: Proprietorship Register continued
2 (26.05.2009) 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 (Co. Regn. No. SC327000) Halifax Division care of Drydens
(Reference S0001094), Shire House,***** Bradford, BD1
5HQ, being the person with the benefit of an interim charging order on
the beneficial interest of David Richard Munday made by the Swindon
County Court on 11 May 2009 (Court reference 4BD09582)
Many thanks Dave
Submitted: 9 months ago.
Category: Law
Expert:  Aston Lawyer replied 9 months ago.
Hi Dave,Thanks for your enquiry.I can't really comment about the history surrounding this Restriction (although Halifax would have had to have made an application to the County Court to register this interim charging order against you).However, the good news is that the monies outstanding to the Halifax do NOT need to be paid off in full by you before the re-mortgage is completed, in that in order to comply with the Restriction all your Solicitor needs to do is to write to Drydens on the day you complete the re-mortgage/transfer confirming that this is what has happened. I would have hoped that your Solicitor would be aware of this- there is no way of removing the Restriction (unless you pay off the amount owing) but by the same token, it should not hinder your re-mortgage/transfer proceeding, as all your Solicitor needs to do is o write to Drydens!I would therefore suggest that you speak to your Solicitor on Monday and explain the above to him!I hope this assists you and sets out the legal position.Kind RegardsAl
Customer: replied 9 months ago.
Thank you Al for your answer, just a couple of questions. Firstly can the Halifax at any point make me sell the property or repossess it with this charging order, or if in the future me and my wife decide to sell the property would they take any profit from the sale?Many thanks Dave
Expert:  Aston Lawyer replied 9 months ago.
Hi Dave,Thanks for your reply.No- the Halifax certainly can't ask you to sell the property or indeed obtain a further Court Order demanding that the property be sold (this is because the property is not in your sole name) as this will also apply once the property is transferred.I hope this clarifies matters.Kind RegardsAl
Expert:  Aston Lawyer replied 9 months ago.
Hi Dave,If I have assisted, would be grateful if you could rate my answer.CheersAl
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10236
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice