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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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evidence of mortgage on a freehold

Customer Question

Hi, I'm trying to prove there is no mortgage on a freehold apartment in London, UK. I've located the title register, but, not knowing how the system works in London (I do mortgages in New York, NY), the information I'm seeing is inconclusive. I have the property address & owner's name.


 


it appears the building may be owned by a limited company and there are multiple flats.  I cannot find the apartment owner's specific flat "titled" in his name.


 


 

Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi

Are you wishing to check the building (which will be freehold) or a flat ( which will be leasehold) for a mortgage?

To
Customer: replied 1 year ago.

i'm not sure how to answer that since i'm not familiar with how ownership works or even the correct terminology to use.


 


the owner told me he owned the apartment freehold, that the freehold owned the building, so I'm gathering he owns a "share" of the building, not the entire building. And he is one of the directors of the company that


 


I'm trying to confirm the individual does not have a mortgage on the apartment or "share" that he owns. Will the register show individual mortgages if they are present?


 


I have the title number - NGL24183


Registered Owner(s) : SOUTHWELL GARDENS (CONVERSIONS) COMPANY LIMITED (Co. Regn. No.(NNN) NNN-NNNN care of Farley & Co, 44-48 Old Brompton Road, South Kensington, London. SW7 3DY.


 


I've confirmed via a different means that the indvidual (Richard XXXXX XXXXX Boseley) is a director of this company.


 


the property address - 3 Southwell Gardens, London, SW7 4SB


the apartment # (per the council tax form) is: flat ground floor


 


 

Expert:  Thomas replied 1 year ago.
Hi

What usually happens in the case of a building with a block of flats is that the owner of a flat has a leasehold interest in flat. This means that the flat is subject to a lease. The rest of the building is owned as a freehold and the leases are granted out of that.

The company that you have cited probably owns the freehold to building. this is quite common. Quite often the owners of the leasehold interests in the flats also own a share as a shareholder in the company that owns the freehold.

I would not normally expect the freehold registered title to be subject to a mortgage. I would expect that the individual registered land registry titles for the leasehold flats to be subject to mortgages which the individual owners take out.

If you have someone that is claiming to own a flat within the building the need to download the registered leasehold title for that flight. You can do this by checking the freehold titles that you have downloaded to see if you can see the flat number listed at the end of the document you have downloaded and see if it notes the registered title for the flat.

If it does then you can download the title for the flat using the relevant reference number and then check to see if there is a mortgage registered against it in the form of a restrictions usually at the end of the document.
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6522
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 1 year ago.

perfect. thank you!


 


the fact that he told me it was freehold sent me down the wrong fork of the road. I was able to locate the individual registered land registry title for his "flat" which IS a leasehold and confirmed there is a mortgage on title.


 


he claims to have paid it off and I think I read somewhere that the lender would typically file a form to remove the mortgage from the register.


 


no matter, your explanation got me the information I needed, so thank you very much.


 


If ever you visit New York, give me a ring! XXX-XXX-XXXX is my work phone.

Expert:  Thomas replied 1 year ago.
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