Form B Restriction for Mortgagee In Possession Case

Good morning

We are doing an application where our client is buying from a mortgagee in possession, and there is a Form B restriction on title which cannot be complied with due to this. What is the best course of action in terms of working around this restriction?

Thank you

Good Morning Mark - see PG 75 section 2.2.8 for guidance on how the restriciton is dealt with 
Transfer under a chargee's power of sale (PG75) - GOV.UK

Good morning

Thank you for providing this. We have looked into the guidance, and we believe that because the legal charge is dated 17th February 2023, and the restriction is dated 26th April 2016, the Form B restriction will not be overreached, but the sellers have advised that they cannot comply with this restriction as it is a mortgagee in possession case, so we're pretty stuck as to what we can do. We were going to do an RX3 form, but I don't believe you would accept this from us as our client is not yet the proprietor, nor do they have any current interest in that restriction other than looking to be the proprietor of the title.

Is there anything you can advise us further as to how to actually proceed with this restriction, whether that be by removal or disapplication or whatever means?

Thank you

Good Morning Mark - I would suggest perhaps reading the guidance again as section 2.2.8 does state that a form B restriction will be automatically cancelled and explains why that is.
I wonder if you are perhaps then reading the next paragraph starting 'Provided......' but if you are then that relates to the next list of bulleted standard restrictions, not form B or indeed A, C or E