removal of restriction for remortgage

<p>hi, I recently applied for a remortgage and mortgage company has come back and said there is restriction on the property, which was a bit of a shock. This was my late partners debt and I had totally forgotten about it. but as joint owners of the property it affects me as well and the property. the restriction is from 2016 and all debts have since been paid&#160;i thought my late partner had dealt&#160;with it all, but as it was so long ago i am struggling to find any paperwork and as my partner has since passed away I cant ask her about it. how would i go about getting this restriction removed as quickly as possible? like is said i am trying to remortgage the property. i have also filled out a DJP form ready to send too. any help or guidance would greatly appreciated.</p>

Hi Adrian - I assume the restriction is to protect a charging order re your late partner's debt. If so then you can apply to cancel it using form RX3 along with supporting evidence to show how the debt has been repaid or the debt dismissed by the court.<br> You may need to contact the named creditor for assistance but I would recommend seeking legal advice/assistance before doing so to consider options<br> <a href="https://www.gov.uk/government/publications/cancel-a-restriction-registration-rx3">Cancel a restriction: registration (RX3) - GOV.UK</a><br> &nbsp;

hi, thankyou for the reply. i have contacted the original creditor and they agreed to remove the restriction. hopefully they will do that.&#160;<br> i should still send the DJP form though?&#160;

HI Adrian - you can do that aspect at any time so now or submit the certified copy of the death certificate with the remortgage application. Might be worth asking the lender to confirm if they need that aspect updated beforehand or if happy to complete with that detail also added to the application to register the remortgage when it happens

<p>thank you for the reply the solicitor for the original creditor has now said they have send an RX3 form to clear this restriction. how long should i expect this to take to clear with yourselves?</p>

Adrian - if they have submitted an RX3 then the wait time is usually several months currently<br> If there's an urgency such as an onward purchase or remortgage then a request to expedite can be made -&#160;<a href="https://www.gov.uk/guidance/request-an-expedite">Request an expedite - GOV.UK</a>

hi thanks, i have requested the solicitor to expedite this as it affects the remortgage. thank you for your guidance.

<p>hi, the solicitor for the remortgage has confirmed the restriction has been removed but now wants nearly £400 to get my late partners name removed from the registry, is this something i can do with paying that much? and if so how long will it take to update the register?</p>

Hi Adrian - you can apply to update the register yourself if you wish to -&#160;<a href="https://customerhelp.landregistry.gov.uk/guide-external-start/?guideid=e0861516-8882-eb11-a812-000d3ad48f95">HMLR Guide: Start - External &#160;· HM Land Registry</a>&#160;<br> Once submitted you then request expedition as per the link previously provided&#160;