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MarianC, Solicitor
Category: Law
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I am in the process of re-mortgaging. Lender's solicitor has

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Good morning. I am in the process of re-mortgaging. Lender's solicitor has identified a unilateral notice on the title (Section 106 Agreement and Car free Agreement). They are insistent on it being removed. Purchase solicitor has replied directly to lender's solicitor stating that as is common with new build developments, the unilateral can not be remove.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I am a property owner looking to remortgage
JA: Where is the property located?
Customer: London It is a new build
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Good morning

I hope you are well.

Do you have a copy of the title deeds that refer to the unilateral notice please?

Usually with development titles, the s106 agreement does remain on there but when individual plots are sold to individual buyers, it should not be carried over. I just want to double check on your title deeds.

Kind regards

MarianC and other Law Specialists are ready to help you
Customer: replied 7 days ago.
Good morning. Thank you for your reply.I don't have a copy of the title deeds right with me right now. However, I do have the following which may be enlightening:mailto***@******.***
Good Afternoon
We have been instructed to deal with a remortgage of Flat 15 Town Apartments,*****and note the following unilateral notice has been registered against the property title:
(06.06.2016) UNILATERAL NOTICE in respect of an Agreement dated 27 May
2014 made between (1)Telford Homes Plc (2) The Royal Bank of Scotland
Plc and (3) The Mayor and Burgesses of The London Borough of Camden.
NOTE: Copy filed under NGL926507.
5 (06.06.2016) BENEFICIARY: The Mayor and Burgessess of The London
Borough of Camden of The London Borough of Camden of Town Hall, Judd
Street, London, WC1H 9LP.
This unilateral notice should have been removed when Mr Aleem purchased the property and we are unable to proceed with this remortgage whilst this is registered with the Land Registry. As we are instructed by the lender we are unable to assist with removing this entry.
Kind Regards
Hannah Brown
Senior Case Executive
Optima Legal Services, Hepworth House, Claypit Lane, Leeds, LS2 8AE. DX 311101 Leeds 12
Part of Capita plc
T: 0344(###) ###-####I F: 0344(###) ###-####The response from the solicitor who helped in our purchase:From: Jonathan Kidoushim <*****@******.***>
Sent: 09 September 2020 17:13
To: ***** ***** (Optima) <*****@******.***>
Subject: Re: Aleem: Unilateral NoticeDear HannahThank you for your email.Unfortunately your position here is not quite correct. The section 106 Agreement has been registered against the title as it contains parking permit restrictions. Due to this, as is usual with properties if this nature in London, the unilateral notice is to remain on the title.Kind regardsEssentially, we do not know what we can do in the matter.This has been dragging on since mid August and we are now on our current lender's SVR.What can we do?