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Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information. can you please confirm that there is charge registered 22 5 09 on the HMLR title deeds?. What are you looking to do and what is your position in this. can I have as much detail as possible please?
If you give me the background, I can probably expand my answer.
This is called a restriction as it says
Disposition is a disposal but it does not mean a disposal in a literal sense, as in a sale although it includes a sale.
It means a disposal of a part of an interest.
That includes granting a mortgage/second charge, lease, remortgage, or sale.
So what it says is that the property cannot be sold or lease granted or re-mortgaged and they can be no other transactions on the property unless HSBC who have charged it seems dated 22 May 2009, agree.
The proprietor of the registered estate is simply the legal owner named on the deeds.
That does not stop anyone applying to court to enforce a debt by way of a charging order because the court can still grant the order, regardless of the restriction.
It is not necessarily so that whoever owns the property has financial problems because many lenders put these restrictions on from outset to make sure that their mortgagor/borrower does not incur further debts which might affect their ability to pay the principal mortgage.
Does that answer the question? Can I assist further?
The Land Regsitry search showed lenders HSBC and Lloyds.
I then did another search using landregistryservices.com and the results was:-
A: Property Register
This register describes the land and estate comprised in the title.
1 (03.10.2000) The Freehold land shown edged with red on the plan of the
above Title filed at the Registry and being The Chalet, Thornbury Hill,
Alveston, Bristol (BS35 3LG).
2 (03.10.2000) The land has the benefit of the rights reserved by but is
subject to the rights granted by a Conveyance of land adjoining the
eastern boundary of the land in this title dated 27 February 1976 made
between (1) Midland Bank Trust Company Limited and (2) XXXXX XXXXX
Brain and Merryl Susan Brain.
NOTE: Original filed under GR223987
3 (03.10.2000) The Conveyance dated 27 February 1976 referred to above
contains a provision as to light or air.
4 (03.10.2000) The land has the benefit of the rights granted by but is
subject to the rights reserved by a Conveyance of the land in this
title dated 1 April 1976 made between (1) Midland Bank Trust Company
Limited and (2) Philip Richard Dunning and Jane Rosemary Dunning.
NOTE: Original filed.
5 (03.10.2000) The Conveyance dated 1 April 1976 referred to above
B: Proprietorship Register
This register specifies the class of title and identifies the owner. It contains
any entries that affect the right of disposal.
1 (22.01.2001) PROPRIETOR: JOHN XXXXX XXXXXPH PADDON and MELANIE PADDON
1 of 2
B: Proprietorship Register continued
of The Chalet, Thornbury Hill, Alveston, Bristol BS35 3LG.
2 (22.01.2001) The price stated to have been paid on 21 December 2000 was
3 (22.01.2001) The Transfer to the proprietor contains a covenant to
observe and perform the covenants contained in Clause 6 of the
Conveyance dated 1 April 1976 referred to in the Property Register and
of indemnity in respect thereof.
4 (19.08.2009) RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate is to be registered without a
written consent signed by the proprietor for the time being of the
Charge dated 22 May 2009 in favour of HSBC Bank PLC referred to in the
C: Charges Register
This register contains any charges and other matters that affect the land.
1 (22.01.2001) REGISTERED CHARGE dated 21 December 2000 to secure the
moneys including the further advances therein mentioned.
2 (04.12.2007) Proprietor: LLOYDS BANK PLC (Co. Regn. No. 2065) of
Registrations, Secured Assets, Barnett Way, Gloucester GL4 3RL.
3 (19.08.2009) REGISTERED CHARGE dated 22 May 2009.
4 (19.08.2009) Proprietor: HSBC BANK PLC (Co. Regn. No. 14259) 40-54-47
of Sheffield Securities Processing Centre, P.O. Box 3924, Sheffield S1
End of register
Basically I am trying to find out if there are any charges on the property, the couple in question have asked me to act as their agent to rent their property out as a holiday home. I have found out their business is in administration with 6 out of 9 outstanding charges and I want to make sure their house hasn't been used as a guarantee to their business debts. Basically I smell a rat, but I want to make sure as it could be a very profitable rental for us, but I don't want to take it on if there are going to be problems ahead.
Thank you, XXXXX XXXXX you have clarified my thoughts that this is to risky for us.
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