Jennifer Chappell and Jason Richardson, associates at Bircham Dyson Bell LLP, are warning second home owners to make sure their mortgage lenders know they do not live at an address before filling out a Land Registry Form LL Restriction to prevent others from attempting to raise funds fraudulently against the property. From February 1, 2102 filling out such a form is free for owners that do not actually live at the property.
"The Land Registry Form LL Restriction is a good idea; it stops anyone other than the property owner from raising capital against it by requiring a solicitor or conveyancer to certify they are satisfied that the person selling or mortgaging is the true owner," explains Jennifer Chappell.
However, the home owner is putting on public record that he/she no longer lives at the property. Therefore if you are moving out of a residential home you should check your insurance policy is still valid.
"It's also necessary to check the mortgage arrangements of the property - if its leasehold and the owner is subletting a flat then you should also make sure that you have followed the requirements of the lease." explains Jason Richardson. "It's a worthwhile precaution to take against fraud via identity theft, but home owners should make sure they don't fall foul of other regulations."
Properties most vulnerable to fraud are usually empty, tenanted or mortgage-free; perhaps the owners are abroad or elderly, and in long term care. The Form LL restriction may be of use to families whose parents have moved into a retirement home and they have not yet sold the property.
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