Restriction on Land Registry set to cause Repossession and Eviction

[ninethlife]

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.

[Andyorch]

" Both the LR and mortgage is in my name only."

 

Then he cant apply for a Restriction on Land Registry.

 

Andy

[dx100uk]

a restriction does not stop a sale.

 

and in most cases if your sols is cute

a restriction can be ignored

 

what do you mean by your ex has put a restriction on

a restriction stopping the sale?

not my best subject sorry.

 

dx

[ninethlife]

" Both the LR and mortgage is in my name only."

 

Then he cant apply for a Restriction on Land Registry.

 

Andy

 

His solicitor says they can put a Restriction without consent

and my solicitor says he doesn't have to justify or prove a claim for it to be accepted by Land Registry.

 

 

His solicitor says the sale can only complete with my ex's signature

and he will only sign after an agreement is made for him to receive 50%.

 

 

Any other thoughts Andy?

 

 

Many thanks

[ninethlife]

His solicitor is threatening to put a Restriction without Consent on Land Registry in order that the sale completion would require my ex's signature and he would only sign for 50% of the proceeds.

[dx100uk]

this may help you.

.

Myth about charging orders

.

http://forums.moneysavingexpert.com/showthread.php?t=1839539&page=1

.

your solicitor may not know that a "restriction" is not a charging order and does not need to be "paid off" as a charging order would,

.

he only needs to advise the beneficiary (of the charging order/restriction) that a transfer is taking place and confirm to the land registry that he has done this.

.

The land registry should then proceed without further problems

[dx100uk]

His solicitor is threatening to put a Restriction without Consent on Land Registry in order that the sale completion would require my ex's signature and he would only sign for 50% of the proceeds.

 

 

how can he be entitled to anything?

has he even paid a dime on it?

 

 

dx

[Andyorch]

Yes a unilateral notice does not require the consent of the proprietor nor is the applicant obliged to provide evidence to satisfy the land registry that the claimed interest is valid. Once the notice is registered however, the proprietor will be informed and will have the opportunity to object. Upon receipt of an objection the beneficiary of the notice is obliged to provide evidence of the interest being claimed to the land registry.

 

If he is unable to provide evidence that the notice will be removed. The notice is entered using for UN1 and removed using UN4.

 

Regards

 

Andy

[mercyblue]

Its mad really anyone could apply for a restriction on anybody's house of course then you would be committing fraud unless part 11 of UN1 is true.

[Andyorch]

Its mad really anyone could apply for a restriction on anybody's house of course then you would be committing fraud unless part 11 of UN1 is true.

 

Absolutely MB..or as in this case just trying to frighten the OP

[mercyblue]

Well yes it does sound like intimidation to me sadly

[ninethlife]

His solicitor has sent an RX1 form to me to sign (in the hope I would just agree it)

[Andyorch]

RX1 form

 

If you dishonestly enter information or make a statement that you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud under section 1 of the Fraud Act 2006, the maximum penalty for which is 10 years’ imprisonment or an unlimited fine, or both.

 

[ninethlife]

how can he be entitled to anything?

has he even paid a dime on it?

 

 

dx

 

Apparently, he can claim that I agreed to give him half in a conversation he claims we had when we separated.

 

a restriction does not stop a sale.

 

and in most cases if your sols is cute

a restriction can be ignored

 

what do you mean by your ex has put a restriction on

a restriction stopping the sale?

not my best subject sorry.

 

dx

 

He hasn't put the Restriction yet but is aiming to do so. It may not stop the sale but it will stop access to the proceeds, which we need to use to obtain rental accommodation for my son and I.

[Ganymede]

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.

 

Hi, a couple of questions please:

 

Are you divorced from your ex-husband yet?

 

Did you buy the house on your own before you got married?

 

Did he pay anything towards the bill or maintenance or did he do the DIY and upkeep etc himself?

 

Are you 100% sure it's a Restriction?

[ninethlife]

Hi, a couple of questions please:

 

Are you divorced from your ex-husband yet?

 

Did you buy the house on your own before you got married?

 

Did he pay anything towards the bill or maintenance or did he do the DIY and upkeep etc himself?

 

Are you 100% sure it's a Restriction?

 

Only Decree Nisi

(He initiated divorce proceedings at the same time I faced repossession and eviction

and I didn't find out until years later that he'd never paid the fee for the Decree Absolute)

 

It was bought before we separated but we lost the sale on our existing home

so had to pay two mortgages for over a year, greatly diminishing the "deposit".

 

Nothing towards mortgage, bills, DIY, maintenance, child support.

 

The form his solicitor sent is an RX1 for a Restriction on Land Registry.

 

Thanks for your assistance.

[Ganymede]

So was the house not dealt with in the divorce?

[ninethlife]

So was the house not dealt with in the divorce?

 

No, it was in negative equity and was about to be repossessed due to my unemployment.

 

 

By a twist of fate, I managed to find a job

the mortgage company didn't action the eviction warrant due to being taken over themselves

(due to the financial crash in 2008).

Because of that delay, I managed to negotiate an arrangement with them.

 

 

They tried to evict again a few months later, although I had fulfilled the arrangement,

but CAG helped me with advice and the judge suspended the possession order and cancelled the eviction.

 

 

I maintained the arrangement for 5 years, until I was made redundant.

After coming 2nd too many times in job interviews,

I decided I'd better sell but loads of DIY work needed completing before I could market the house

and some guardian angels came to my rescue.

 

 

Despite putting it on the market, the mtg co. tried to evict again in Jan and in May.

They have booked another eviction hearing for July, despite a sale being agreed in May.

(I became unemployed due to losing an 8 yr old business in the crash,

was made personally bankrupt and the OR claimed the house.

In 2011, the house was passed back to me by the OR as it was still in negative equity).

So that's why the house wasn't "dealt with".

 

 

Now, my ex is just blanking these details.

The label "it's complicated" applies here!

[Andyorch]

Previous threads for history...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?303095-Eviction-imminent-please-help!-**SUSPENDED**

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?290423-Eviction-imminent-please-help!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?324574-Charge-order-court-hearing-with-Official-Receiver-on-Friday-please-help!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?424301-Redunancy-possession-order-mortgage-arrears/page2

 

Thread moved to the appropriate forum.

 

Andy

[ninethlife]

Previous threads for history...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?303095-Eviction-imminent-please-help!-**SUSPENDED**

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?290423-Eviction-imminent-please-help!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?324574-Charge-order-court-hearing-with-Official-Receiver-on-Friday-please-help!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?424301-Redunancy-possession-order-mortgage-arrears/page2

 

Thread moved to the appropriate forum.

 

Andy

 

Wow, talk about the tragic story of my life! As you can see, CAG is a lifeline to vulnerable people. What does it mean "moved to the appropriate forum"?

[Andyorch]

Moved to Home Repossessions out of General legal Issues

[ninethlife]

Thank you!

[BazzaS]

If the divorce settlement isn't finalised, and you are still married, can't he make an application under the Family Law Act 1996 for a restriction (using form HR1).

 

https://www.gov.uk/government/publications/applications-under-the-family-law-act-1996/practice-guide-20-applications-under-the-family-law-act-1996#application-for-notice

 

Sadly, if he did this : it isn't something you can appeal.

Get the divorce through before he tries this....

[ninethlife]

Oh dear. We've had a Decree Nisi for 7 years. Can I just pay the fee and get the Decree Absolut? I feel if he has to agree or sign something then I doubt he will. Thanks for your input.

[BazzaS]

He can't do so (Family Law Act route) once the decree is made absolute, it only provides a route that can't be objected to while you are married .....

 

He could still try to put the UN1 based restriction on, but then you object to it .....