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Hi all ,
I am at my wits end on this one , seeking some help please.
Basically I purchased this property with my sister as at the time could not get the mortgage due to my income . So 20 years later, i have now paid of the mortgage and suddenly
found out that HM land registry are stating that there is a form A restriction. My sister has filled out a ST5 form explaining that she has no beneficial interest in the property and never has ect
and that she wishes to remove this restriction. Now to this date we don't know why this was put on in the first place, probably did not understand the nature of tenants in common ect.
I have sent Tr1 and RX3 forms and they keep sending me back letters saying now :
1. With regards to the ST5 and evidenced lodged to remove the trust restriction. The evidence provided would indicate that the initial trust deed was replaced by a further trust please can you confirm this and if the trust has changed please provide evidence of this trust . ( I had a deed of trust made stating that my sister has no beneficial interest in the property ) i can send them this .
Please provide a statement of truth or ST5 from (my sister ) covering the points we would expect to see which are set out as :
Please explain the nature of the beneficial interest protected by the restriction and what has happened to that interest, if it has devolved to the registered proprietor or proprietors , explain how it has devolved.
b. Please confirm ,if such is the case that no other than the registered proprietor now has a beneficial interest in the property.
c. Please confirm if such is the case that no beneficial interest in the property has been separately mortgaged or charged and that no beneficial owner is or was subject to a standing order or bankruptcy proceedings.
This is the statement of truth I previously sent :
To whom it may concern.
I Miss ******** confirm that I do not or never had a beneficial interest and have not encumbered it regarding the property: **************************** I believe that the facts and matters contained in this statement are true.
Signed
Dated .
My guessing is this is not worded correctly ? how should I / we answer their questions please ?
thank you in advance.
I am at my wits end on this one , seeking some help please.
Basically I purchased this property with my sister as at the time could not get the mortgage due to my income . So 20 years later, i have now paid of the mortgage and suddenly
found out that HM land registry are stating that there is a form A restriction. My sister has filled out a ST5 form explaining that she has no beneficial interest in the property and never has ect
and that she wishes to remove this restriction. Now to this date we don't know why this was put on in the first place, probably did not understand the nature of tenants in common ect.
I have sent Tr1 and RX3 forms and they keep sending me back letters saying now :
1. With regards to the ST5 and evidenced lodged to remove the trust restriction. The evidence provided would indicate that the initial trust deed was replaced by a further trust please can you confirm this and if the trust has changed please provide evidence of this trust . ( I had a deed of trust made stating that my sister has no beneficial interest in the property ) i can send them this .
Please provide a statement of truth or ST5 from (my sister ) covering the points we would expect to see which are set out as :
Please explain the nature of the beneficial interest protected by the restriction and what has happened to that interest, if it has devolved to the registered proprietor or proprietors , explain how it has devolved.
b. Please confirm ,if such is the case that no other than the registered proprietor now has a beneficial interest in the property.
c. Please confirm if such is the case that no beneficial interest in the property has been separately mortgaged or charged and that no beneficial owner is or was subject to a standing order or bankruptcy proceedings.
This is the statement of truth I previously sent :
To whom it may concern.
I Miss ******** confirm that I do not or never had a beneficial interest and have not encumbered it regarding the property: **************************** I believe that the facts and matters contained in this statement are true.
Signed
Dated .
My guessing is this is not worded correctly ? how should I / we answer their questions please ?
thank you in advance.
