Protect your property from fraud

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If a property is rented or empty and someone decides to fraudulently mortgage the property, the notification of this will be sent by HM Land Registry directly to the property and the landlord will know nothing about it.

In a case in 2008, Barclays Bank v. Guy, Mr Guy’s property was wrongly transferred into the tenant’s name at HM Land Registry and a mortgage was taken out. The Court of Appeal held that Mr Guy could transfer the property back into his name at HM Land Registry but it would still be bound by the mortgage as Barclays Bank had granted it in good faith relying on HM Land Registry entries.

The way to avoid this from happening is to ensure that the landlord’s contact details at HM Land Registry are up to date and to sign up to use the fraud prevention service with free Property Alerts to track changes to the register.

Landlords can also complete a restriction by owners not living at the property request, which means HM Land Registry will not register a transfer or a mortgage on the property, unless a solicitor or other professional conveyancer certifies the identity of the person who has signed the deed.

Further information is available from the HM Land Registry Property Alert Team on (+44) 0300 006 0478 or via e-mail at propertyalert@landregistry.gov.uk.

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