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Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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A Bank has a second charge on my home which they have agreed,

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A Bank has a second charge on my home which they have agreed, in writing, can now be removed. They have asked me to forward to them the appropriate document for execution by the Bank to remove the second charge. Please can you advise what is the correct document to do this and where do I get it from. Can I do this without needing a solicitor to act on my behalf? I thank you in anticipation of your help in this matter. Alan
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.

Hi,

Thanks for your question.

You will have to use the Land Registry Form DS1 to discharge the charge. You can download this from the Land Registry yourself:-
http://www1.landregistry.gov.uk/publications/forms

It should be fairly straightforward to draft, but you will need a copy of the register for your property so that you can insert the details of the charge. You will have to ask the Bank what form of execution clause they require in the execution section.

Once you have sent this to the bank and they have returned the executed form back to you you will then need to download and complete Land Registry Form AP1 inserting “Discharge” as the application type. This should then be sent to the Land Registry with the DS1 with the requisite Land Registry Fee (which I believe is £50 but you will need to call the LR to confirm).

The LR customer services helpline is good for lay person’s questions on completing the forms. When calling you should ask if they require you to execute LR form ID1 proving your identity. You would have to prove your identity to a local solicitor and then will attest to this on the ID1. It should cost around £10.00.
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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6523
Experience: BA (Hons), PgDip, Practising Solicitor
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