Restriction on property not lifted

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sharon982

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Post by sharon982 » Mon May 18, 2020 11:36 am
I was in an IVA in 2009, i have a mortgage, there was a restriction put on the land registry, i paid everything off on the IVA, there was no equity in the property so i was in the Iva for 6 years, i have now sold the property, but the IVA company did not take off the restriction and now it has shown up up on the land registry as it was never lifted after everything was satisfied and paid, the company who dealt with the IVA are now dissolved. Problem.

Foggy

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Post by Foggy » Mon May 18, 2020 12:29 pm
You can lift the restriction yourself .... hang on I will find the instruction frm LR .....
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

Foggy

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Post by Foggy » Mon May 18, 2020 12:31 pm
To withdraw a restriction H M Land Registry would normally expect to receive a completed form RX4 by the person or company that has the benefit of the said restriction. If the beneficiary is unable to provide this RX4 then this form should be completed by whomever has inherited the benefit of the restriction and appropriate evidence of devolution of title lodged as part of the application. This evidence should show a clear link between the beneficiary named on the title register and the applicant that has completed form RX4.
If restriction is not withdrawn, then an application would need to be made for its cancellation. Cancellation is the term used in rule 97 of the Land Registration Rules 2003 to refer to an application to cancel a restriction that is no longer required.
Any person may apply to cancel a restriction. The application must be made in form RX3 and no fee is payable.
We will cancel the restriction if we are satisfied that the restriction is no longer required. The application must be accompanied by evidence to show that this is the case. If anyone is referred to in the restriction and if an address for service is listed for that person, we will usually notify them of the application and give them an opportunity to object to the application before canceling the restriction.
Practice Guide 19 provides further information on notices, restrictions and the protection of third party interests in the register.

Practice Guide 19 is here: https://www.gov.uk/government/publicati ... e-register
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

WallE

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Post by WallE » Mon May 18, 2020 8:10 pm
Who was your IVA with? There may still be a trust in place handling old cases if their client base was sold on.

You could go down the RX3 route but it may be quicker finding your original IP.

Lisa Thomas

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Post by Lisa Thomas » Tue May 19, 2020 9:13 am
The IP might still be in practice at another firm and may be able to help.

Try here to find them:

https://www.insolvencydirect.bis.gov.uk/fip1/
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
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