Hi. I agree with your mortgage lender. On your own admission, you do not yet own all of the land on which the extension to the first block of properties has been built. The lender will not and cannot secure a mortgage advance on land that you do not own. The solution would appear to be not to complete the re-mortgage of the first block until after you have completed the purchase of the second block. If you need funds from the re-mortgage of block 1 to complete the purchase of block 2, and on completing the purchase of block 2, you will own the land needed to complete the re-mortgage of block 1, it ought to be possible to complete both transactions on the same day. You may need a temporary bridging facility during the day to complete the transactions, but your solicitor should be able to organise this for you.

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Hi. yes of course you can split the title for the first block now from a legal viewpoint. However that could create a problem with mortgages in that you would need to arrange with the existing lender to release the three clean titles from its mortgage before you can register them separately and then offer them as security for the re-mortgage. Will they do that? Does the existing lender have enough equity to support its loan in the remaining property, were it to release the other three?

If the seller of the second block has a mortgage over the small piece of land wanted to transfer it to you before completing the main sale, they would need their lender's permission to release it from the security. As you are probably aware, lenders are now extremely cautious and pedantic. If I were acting for a lender, I would not agree to lend on the security of land that you don't own, on the basis of a solicitor's undertaking. Without knowing all the facts and seeing all the documents, it is difficult to suggest practical ways of resolving the problem.