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Found 3 results

  1. HI, I am the sole owner of a freehold property. My Land Registration has no motgage, restrictions, notices or any other financial registrations. A friend has lent me £10,000 and we both want to secure the loan on the property. He is using "Land Registry Application to enter a restriction RX1" and I obviously am giving the relevant consent. My simple question is:- WHAT STANDARD FORM OF RESTRICTION DO WE USE? (A choice is given in "Appendix C": A to PP) With thanks. Kennel
  2. I hope someone can help with a situation that has arisen out of the blue, just a few weeks before completing the sale of my home after battling repossession and eviction for the past 7 years. Despite no contribution to the mortgage, bills, expenses or child support, my ex-husband has engaged a solicitor to apply for a Restriction on Land Registry. The mortgage company have a possession order and have tried to evict my son and I twice this year. The judge allowed us to pursue a normal sale both times. My 3rd hearing is July 11th and now this final twist has occurred, which could sabotage the sale and leave my son and I homeless. Both the LR and mortage is in my name only. Please reply urgently with any advice.
  3. My brother and I are both executors and sole beneficiaries of our late mums estate. We would like to distribute the estate as simply as possible, but we're having difficulty finding clear answers that don't assume we are trying to achieve some form of tax evasion or ripping each other off. Any legal adviser to date is just creating work for themselves and leaving us more confused, which was the same as just before I decided to manage the probate process myself saving between £700 - £1000! Mums estate is made up of a few hundred pounds (let's say £2k max) and her mortgage free home, recently valued by Esurv at £85k. Note: on the hmrc forms we estimated house value at £120k as there had been no similar house sales in the area for some time. There are debts to be paid from this before distribution. We would like to distribute mums estate as follows: 1. Pay mums debts and all bills relating to mums estate and the upkeep since mums passing from the estate. 2. Transfer the house directly into my name with land registry. We have the physical deeds and mum is the registered owner with Land Registry. I would then like to pay my brother the sum of £35k in 3 parts, which we think will be equal to 50% of the remainder of the value of mums estate. And is the sum agreed to given my input in the upkeep of the house since mums passing. This would be a payment from me and would be paid: £10k immediately and a promissory note/agreement to pay the remainder in two parts; £10k spring 2015 and the remainder by September 2015. My brother is trying to help keep mums house in the family and wants to help me to achieve this. He does not need the cash in a lump sum and knows that, once I can achieve a high street mortgage next year, he will have access to any monies outstanding. At present I cannot access a mortgage as I have a 5.5yr old ccj for £252, I own my own business and will not have full two years of accounts until November 2014 and we have technically only 'owned' the house for less than a year as grant of probate was given in November 2013. So, we need to know: 1. Can we do the transfer with Land Registry? If so, is there a place/formal way to set out why we are transferring to one and not both of the beneficiaries, which is acceptable, legal and binding? I understand that we must leave a clear trail not just for ourselves but for future owners/purchasers. 2. DIY Land Registry: As I successfully completed documents for the grant of probate we assume/have been advised that land registry assent/transfer would be achievable save for the part where the exchange is to one not both of the beneficiaries? 3. Conveyancing: Do we need to do this? It is likely that, should I need to take out a mortgage next year to fulfil my debt to my brother, I will need to through the conveyancing process at that time. 4. Can we use a promissory note to note the payment schedule to my brother? 5. Can we draft this promissory note ourselves and have it notarised by a solicitor? 6. Do we need more than one lawyer to achieve this? Some are saying 'yes' as I am executor, beneficiary and 'purchaser'. I am hoping that someone out there can either provide or signpost us to a less biased responses to these queries and we can move forward at this painful time! Many thanks in advance.
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