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: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
16368554
Type Your Property Law Question Here...
Aston Lawyer is online now

Natwest placed a restriction against my property in 2006 for

Resolved Question:

Natwest placed a restriction against my property in 2006 for a debt that we owe. I have been told this week that there are 3 restrictions (1 x 2009 x 2) but there is only one debt. Are they able to do this and how do I find out if they have?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

If there is only 1 debt, then they should only have registered 1 Restriction. Therefore, if the 2nd/3rd Restriction are for this one debt, you should ask Natwest to remove these duplicates.

You can have a look at your title, called Official Copies, from the Land Registry website-the Restrictions are shown in the Charges Register.

Link to the website- https://www.gov.uk/search-property-information-land-registry

I hope this assists and answers your question.

Kind Regards

AL

Customer: replied 2 years ago.

Hi, thank you for pointing me in the right direction. Can I ask you to take a look. at the register. The registered charge by JP Morgan 2006 (our mortgage company unfortunately) is it normal for a mortgage company to do this? The charges with Natwest, initially it was for an overdraft (joint names) and a personal loan my husband had. Would this explain the two charges on the property? If they are chasing me for the whole debt can I ask for one of the charges to be removed?

Attachment: 2014-11-17_063754_registercym144029.pdf

Expert:  Aston Lawyer replied 2 years ago.

Hi Stuart and Julie,

Thanks for your reply.

I am afraid the Restrictions are all as I would expect. Most Mortgage Lenders place a Restriction on the title- it basically is there to stop you taking out another second Mortgage without their consent. So the Restriction in favour of JP Morgan is normal.

The 2 Restrictions in favour of Natwest are also normal. As it was a joint debt, they have to register a Restriction for each of you. So, although there are 2 Restrictions, it is only referring to the one debt you both you.

I hope this helps you and clarifies the position.

Kind Regards

AL

Aston Lawyer and other Property Law Specialists are ready to help you