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A man owned a registered freehold house in England without a mortgage. In order to fund an extension at the house he borrowed a large sum of money from his bank and gave the bank a first legal mortgage.
The solicitor who represents both the man and his bank was dealing with the completion of this legal mortgage immediately before going on holiday. The solicitor made the appropriate searches. The mortgage was completed and dated on the solicitor’s last day in the office before her holiday and the solicitor did not have the opportunity to register the mortgage at the Land Registry immediately.
On returning from holiday, the solicitor wants to get on with dealing with the registration of the mortgage quickly to ensure that no important time limit is missed.
By when should the solicitor apply to register the mortgage at the Land Registry?
A. The expiry of the protection period in the central land charges search (K15) against the man’s name.
B. The expiry of two months from the completion date of the mortgage.
C. The expiry of the priority period in the Land Registry search (OS1).
D. The expiry of the protection period in the bankruptcy search (K16) against the man.
E. The expiry of the period for paying any Stamp Duty Land Tax.
C - The expiry of the priority period in the Land Registry search (OS1).
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