Certificate of Title. Lender's reference (from letter of instruction) The Borrower(s)

Transcription

1 Certificate of Title Lender's reference (from letter of instruction) The Borrower(s) Mortgagor(s) (if Property to be registered in name(s) other than Borrower(s )) Property Tenure (if leasehold please provide remaining term in years) Title number(s) Are there any leases/sub-leases granted out of the subject property s title? Yes If yes, see 1(b)(viii) No Facility Amount If the Bank is taking a second or subsequent charge, amount secured under prior charge(s) Price stated in transfer Are there any incentives to disclose for the Disclosure of Incentives Form? If so, attach it to this Certificate of Title Amount required to complete Completion date Conveyancer's name & address Conveyancer's reference Conveyancer's bank, sort code and account number 1

2 1. We, the conveyancers named above, certify to you, Bank of Cyprus UK Limited (the "Lender"), as follows: a) In accordance with the Money Laundering Regulations 2007 and the Law Society Anti- Money Laundering Practice Note of October 2013 we have checked the identity of the Borrower(s) (and anyone else required to sign the mortgage deed or other document connected with the mortgage including any guarantor(s) you require but not where you have required the guarantor(s) to obtain independent legal advice prior to execution of the guarantee and we are not the firm providing such advice). b) Except as otherwise disclosed to you in writing in an accompanying letter: i. we have investigated the title to the Property and we are not aware of any other financial charges secured on the Property which will affect the Property after completion of the mortgage; ii. iii. iv. upon completion of the mortgage, both you and the Borrower(s) or Mortgagor(s) (as applicable) will have good and marketable title to the Property and to the appurtenant rights free from prior mortgages or charges and from onerous encumbrances and the Property title is (or will be where title is not presently registered) registered at the Land Registry with title absolute; we have compared the boundaries of the Property shown on any plan provided by you against relevant plans in the title deeds and/or the description of the Property in any valuation report which you have supplied to us, and in our opinion there are no material discrepancies; the assumptions stated by the valuer about the title (its tenure, easements, boundaries, leases or subleases if any and restrictions on use) in any valuation report which you have supplied to us are correct except to the extent set out in any letter accompanying this Certificate of Title; v. if the Property was built less than 10 years ago, we have received satisfactory evidence that NHBC cover or a suitable alternative (as listed in the Lender's Part 2 of the UK Finance Mortgage Lenders Handbook) is in place or for a non-residential property an acceptable commercial alternative, including but not limited to a suitable collateral warranty package which must be accompanied by up to date professional indemnity insurance or alternatively latent buildings defects insurance covering the Facility Amount or the value of the Property (as required by the Lender), is in place and enclose a copy of such evidence; vi. vii. viii. ix. if the Property is leasehold, the terms of the lease accord with your instructions and the assumptions made by the valuer including any requirements you have for covenants by the Landlord and/or a management company and/or by a deed of mutual covenant for the insurance, repair and maintenance of the structure, exterior and common parts of any building of which the Property forms part, and we have obtained (or will obtain on or before completion) a clear receipt for the last payment of rent and service charge; if the Property is a commonhold unit, the commonhold community statement contains the terms specified by you and does not include any restrictions on occupation or use specified by you as unacceptable, and we have obtained (or will obtain on or before completion) a commonhold unit information certificate; if there are any leasehold or sub leasehold interests affecting the title, whether registered or unregistered, we have reviewed the leases/sub leases, and have summarised the principal terms (including any security of tenure protection afforded to tenants, or rights of first refusal to acquire the freehold in the event of a sale) in an appendix to this Certificate of Title in which we bring to your attention any onerous clauses that, in our opinion, would adversely affect the title; we have made reasonable enquiries to satisfy ourselves that buildings insurance has been arranged for the Property from no later than completion, and we enclose a copy of a buildings insurance policy schedule showing that buildings insurance has been 2

3 arranged for the Property from no later than completion. We have reminded the Borrower that buildings insurance must be in place in accordance with the terms of your mortgage offer by completion and that buildings insurance cover must be maintained throughout the mortgage term; x. if the Property is to be purchased by the Borrower(s) or Mortgagor(s) (as applicable): the contract for sale provides for vacant possession on completion; the seller has owned or been the registered owner of the Property for not less than six months and has not changed its address for service at Land Registry in the last six months; and we are not acting on behalf of the seller; xi. we are in possession of: either a local search or local search insurance; an Energy Performance Certificate graded A-E; and such other searches or search insurance as are appropriate to the Property, the Borrower(s) or Mortgagor(s) (as applicable) and any guarantor in each case in accordance with your instructions; xii. xiii. nothing has been revealed by our searches and enquiries which adversely affect the Property as security or the ability of the Borrower(s) or Mortgagor(s) (as applicable) to grant the proposed security or which would prevent the Property from being used by any occupant for the purposes for which it is currently used or intended to be used as described in the valuation report supplied to us by you or as notified to us separately by you; and neither any principal nor any other solicitor or registered European lawyer in the firm giving this Certificate of Title nor any spouse, child, parent, brother or sister of such a person is interested in the Property (whether alone or jointly with any other person). 2. We undertake prior to completion: a) to obtain in the form required by you a validly executed legal charge or charges over the Property from the Mortgagor(s) and from the Borrower(s) (if different from the Mortgagors) set out on page 1 of this Certificate of Title and to send copies of such legal charge or charges to you prior to completion; b) to obtain, where the letter of offer so requires, a validly executed guarantee from each guarantor specified by you (or from any such guarantor's counsel if appointed), and such guarantee(s) to be in the form you have provided to us; c) to obtain, where the letter of offer or your instructions to us have expressly so required, signed undertakings in relation to the use, occupation or physical state of the Property from the person or persons who occupy or will occupy the Property; d) to ask the Borrower(s) (and Mortgagor(s) if different) for confirmation that the information about occupants given in your instructions to us and/or in the letter of offer is correct and to obtain on the Occupiers Rights Deed of Postponement form supplied by you the signatures of any existing or prospective occupier(s) of the Property aged 17 or over of whom we are aware. (The undertaking to obtain execution of the Deed of Postponement does not apply where you have required the occupier(s) to obtain independent legal advice prior to execution and we are not the firm providing such advice.); e) to make such Bankruptcy, Land Registry or Land Charges Searches as may be necessary to justify the certifications at (1)(xi)-(xii) above; 3

4 f) that unless the letter of offer you sent to the Borrower(s) and copied to us expressly stated that you do not require existing mortgages to be discharged, we will not use the mortgage advance until satisfied that, prior to or contemporaneously with the transfer of the Property to the Borrower(s) or Mortgagor(s) (as applicable), any (i) existing mortgage on the Property, or (ii) other mortgages made by a lender identified by you secured against a property located in England and Wales where you have given either an account number or numbers or a property address, will be discharged; g) not to part with the mortgage advance (and to return it to you if you so require) if it shall come to our notice prior to completion that the Property will at completion be occupied in whole or in part otherwise than in accordance with your instructions; and h) to notify you in writing promptly if any matter comes to our attention which would render anything in this Certificate of Title untrue or inaccurate and, in those circumstances we will defer completion pending your authority to proceed and will return the mortgage advance to you if you so require. 3. We further undertake that following completion: a) we will within the period of protection afforded by the searches referred to in paragraph 2(e) above: i. complete the mortgage; ii. iii. iv. serve on third parties such notices as are required to protect your interests, including without limitation notices to landlords and notices to prior mortgagees where you have agreed that prior legal charges can remain in place and; arrange for the issue of a stamp duty land tax certificate if appropriate; deliver to the Land Registry the documents necessary to register the mortgage in your favour and any relevant prior dealings; and v. effect any other registrations necessary to protect your interests as mortgagee, including registrations at Companies House where appropriate; b) we will dispatch to you such deeds and documents relating to the Property as you require, including but not limited to, any executed legal charge or charges over the Property from the Borrower(s) or Mortgagor(s) (as applicable), with a list of them within ten working days of receipt by us of the title information document from the Land Registry; c) we will not accept instructions, except with your consent in writing, to prepare any lease or tenancy agreement relating to the Property or any part of it prior to despatch of the title information document to you; and d) we have complied, or will comply, with your instructions in all other respects to the extent that they do not extend beyond the limitations contained in The SRA Code of Conduct. OUR duties to you are limited to the matters set out in this Certificate and we accept no further liability or responsibility. The payment by you to us of the mortgage advance or any part of it constitutes acceptance of this limitation and any assignment to you by the Borrower(s) and/or Mortgagor(s) of any rights of action against us to which the Borrower(s) and/or the Mortgagor(s) may be entitled shall take effect subject to this limitation. 4

5 Signature box Signed on behalf of the conveyancers Name of authorised signatory Name of firm on whose behalf the signatory is signing Qualification of authorised signatory Date of signature The Certificate of Title should be read in conjunction with any letter which accompanies this Certificate of Title and which qualifies the contents hereof. Please tick if you have enclosed any qualifying letter. Please tick if you have enclosed an appendix on leases or sub-leases (see 1(b)(viii) above). Please tick if you have enclosed any Disclosure of Incentives Form. Please tick if you have enclosed NHBC or a document listed in the Lender's Part 2 of the UK Finance Mortgage Lenders Handbook or a commercial alternative for a nonresidential property such as a collateral warranty package accompanied by up to date professional indemnity insurance or evidence of latent buildings defects insurance covering the Facility Amount or the value of the Property (as required by the Lender) Please tick if you have enclosed a copy of a buildings insurance policy schedule showing that buildings insurance has been arranged for the Property from no later than completion 5