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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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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: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year 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 1 year 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 1 year 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 1 year ago.
Hi Dave,If I have assisted, would be grateful if you could rate my answer.CheersAl
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