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adding a (private mortgage) charge while ex is still a named proprieter

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  • adding a (private mortgage) charge while ex is still a named proprieter

    My situation is a tad unusual. Following a TolaTA claim I was able to buy out my ex husband of his share in the equity of our jointly owned flat, through a transfer of equity. Once he had been paid in full the transfer applications were sent to the Land Registry along with a Charge CH1 application for the loan / mortgage I had obtained from a friend. Both applications were bundled together. However The Land-registry are holding up completion of the Transfer due to a disagreement as to whether a Restriction on the Title requires a Certificate to be provided by The Freeholder of the Flats. In the meantime the Charge can also not go ahead as it is part of the same job. Question is the loaner wants to see the charge in place pronto.

    Assuming LR will allow it to be separated out from the hold up with the TR1, then how can a Charge be made while the ex is still registered a joint proprietor, even though he has no financial ownership of it? and to answer in advance to the obvious reply, no he will not agree to sign anything..
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