• Statement Of Truth

    By Guest on 30th Jun 2014

    We are currently re mortgaging but a Form B restriction is holding things up. We need to provide a Statutory Declaration or Statement of Truth before the re-mortgage can go through.

    The restriction reads:
    [B]RESTRICTION: No disposition by the proprietors of the registered estate is to be registered unless one or more of them makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with the Declaration of Trust dated xx xxxx xxxx or some variation thereof referred to in the declaration, statement or certificate. [/B]

    I have searched and searched the internet for a template but to no avail.

    Would you be so kind as to advise if the wording I use below is accurate?

    [I]"With regards to the following restriction at entry xx on title xxxxxxx:

    RESTRICTION: No disposition by the proprietors of the registered estate is to be registered unless one or more of them makes a statutory declaration or statement of truth, or their conveyancer gives a certificate, that the disposition is in accordance with the Declaration of Trust dated xx xxxx xxxx or some variation thereof referred to in the declaration, statement or certificate.

    I declare that the disposition is in accordance with the Declaration of Trust dated xx xxxx xxxx.

    I believe that the facts and matters contained in this statement are true."[/I]

    Is it necessary to include the original restriction within the statement, should i make reference to the disposition being a re-mortgage?

    Any advice would be very welcome

    Thank you

  • 1 Answers

    By Guest on 02/07/2014

    Hi,

    The wording you propose is basically ok, though you are right to suggest that you should make reference to the remortgage, so I would suggest something like "I declare that the proposed disposition being the granting of a charge I favour of [your new lender and dated [leave blank for completion date to be inserted when known] is made in accordance with the ...".

    You don't really need to write out the restriction, just the reference to the number of the entry in the Proprietorship Register and the title number will be ok, but it won't do any harm to set out the wording if you want to.

    Hope this helps

    Admin

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