Charging Order? The myth

in0125

May we ask how it went?

in0125

hair_ said:

Hi I received a letter from the debtors to say thanks for payment we can confirm that we are arranging for the appropriate discharge documents to be sent to the land registry. Is there a certain form I need to fill in ? Thanks 

Hows it progressing? I had restriction on and it took them 2 years to remove it. Only they can remove it and if the forms are not completed properly to land registry they just get kicked back. The company then just assume its done or can't be bothered to spend any more time on it. After all they've had their money so no benefit to them any more. You have to keep chasing. land registry wont give details but they will confirm if applications are being processed and if they are waiting for replies. Good luck

JamesCH1982

in0125 said:

May we ask how it went?

Of course, badly unfortunately but not due to this restriction. Basically it failed due to the vendors solicitors repeated negligence and incompetence dealing with the basics. On completion day 1 and 2 he lacked the basic documents to complete, signed deed, id from the customer etc all of which had been supplied and the vendor had to run around redoing everything. Completion day 3 is where this restriction raised its head, my solicitor wanted the vendor to repay it to remove the restriction or hold a retention - vendors refused to budge or respond productively. In the end thanks to help here and else where I told my sol to proceed, comply with the restriction and I would assume all responsibity should the debt come my way. Vendors sol did not respond to this.

Completion day 4. Vendors solicitor did not respond to anyone involved all day. Estate agent managed to get an update fvia a senior manager within the company who went direct to a director of the solicitors company (a pretty big company) - to advise would be completing as they hadn't requested funds from the bank.

Altogether a horrendous sh*tshow and experience.

Thank you for your assistance though.

in0125

JamesCH1982 said:

in0125 said:

May we ask how it went?

Of course, badly unfortunately but not due to this restriction. Basically it failed due to the vendors solicitors repeated negligence and incompetence dealing with the basics. On completion day 1 and 2 he lacked the basic documents to complete, signed deed, id from the customer etc all of which had been supplied and the vendor had to run around redoing everything. Completion day 3 is where this restriction raised its head, my solicitor wanted the vendor to repay it to remove the restriction or hold a retention - vendors refused to budge or respond productively. In the end thanks to help here and else where I told my sol to proceed, comply with the restriction and I would assume all responsibity should the debt come my way. Vendors sol did not respond to this.

Completion day 4. Vendors solicitor did not respond to anyone involved all day. Estate agent managed to get an update fvia a senior manager within the company who went direct to a director of the solicitors company (a pretty big company) - to advise would be completing as they hadn't requested funds from the bank.

Altogether a horrendous sh*tshow and experience.

Thank you for your assistance though.

so sorry to hear that. Wow they really sound incompetent.

If they are online no fee solicitors I suspect this is the problem. Mine is and the old saying you get what you pay for has definetely proved in my case. If I ever do this again it will be a local solicitors that I can visit and hold them accountable.. Good luck James

eggbox

Land Registry Rep

Sorry to ask, but could I ask some advice regarding a transfer sent to the Land Registry, please, for a family member I've helped with a purchase. There aren't any restrictions involved, its just that the length of time registering the property is likely to create a financial problem for the buyer if not completed soon.

The property title concerned is SF69135 which a family member purchased and documents were sent in to the Land Registry over three months ago. We know the documents have been received as the accompanying cheque enclose was cashed on the 10th of September 2022.

The person concerned took out a four month loan as he was able to purchase the property outright for a smallish fee as he then wanted to remortgage the property for repairs and an extension. As the bridging loan is coming to an end it will cause him a bit of financial hardship if he can't get the remortgge in place beforehand. So. I'm just asking if he is considered the legal owner as the LR has received the transfer, and is there is anyway you could indicate how much longer the completion is likely to take.

Thanks in advance for any help! Eggbox  

Land_Registry

eggbox said:

Land Registry Rep

Sorry to ask, but could I ask some advice regarding a transfer sent to the Land Registry, please, for a family member I've helped with a purchase. There aren't any restrictions involved, its just that the length of time registering the property is likely to create a financial problem for the buyer if not completed soon.

The property title concerned is SF69135 which a family member purchased and documents were sent in to the Land Registry over three months ago. We know the documents have been received as the accompanying cheque enclose was cashed on the 10th of September 2022.

The person concerned took out a four month loan as he was able to purchase the property outright for a smallish fee as he then wanted to remortgage the property for repairs and an extension. As the bridging loan is coming to an end it will cause him a bit of financial hardship if he can't get the remortgge in place beforehand. So. I'm just asking if he is considered the legal owner as the LR has received the transfer, and is there is anyway you could indicate how much longer the completion is likely to take.

Thanks in advance for any help! Eggbox  

If it’s waited 3 months already then it’s likely to wait another 1-2 based on current timescales. The purchaser is the legal owner on completion but for remortgage purposes some lenders, depending 9n the mortgage product, may not complete on the remortgage until registered 

Can I ask why a request to expedite it hasn’t been submitted? Or has it? 

If there’s a definite urgency then waiting shouldn’t be an option. That’s why we have the expedite process as for 95% of transactions there’s no urgency so it’s important to have a means to get it processed asap. 

I’ll check on the specifics first thing and post again 

eggbox

Land Registry Rep

Thanks for the quick reply and the help. To be honest I thought it had been sorted, but they contacted me today see what they could do as still not sorted?

But if you could let me know the expedite process I'll get them on it asap. Thanks again!

Land_Registry

eggbox said:

Land Registry Rep

Thanks for the quick reply and the help. To be honest I thought it had been sorted, but they contacted me today see what they could do as still not sorted?

But if you could let me know the expedite process I'll get them on it asap. Thanks again!

Lodged in September so still several weeks away from being processed. I’ve asked colleagues to expedite it. But if other readers need to know the process then it’s explained online  https://www.gov.uk/guidance/request-an-expedite
It should be processed in the next few days. As they’ve lodged it themselves we will need to complete wider checks providing it’s all in order of course. Those checks can take a few weeks to complete unless covered off sooner. So expedition gets you to the next hurdle quicker but not over the finish line immediately 

mrs1978

Hi all.
I have a  final charge on my sole owned property from 2007.
Original Egg, then Barclaycard then Eversheds
All deny they hold info. Evershed agree they held it in 2012 but no longer do.
I am now divorced so unable to know or evidence it was paid. 
How can I remove this off my property so I can remortgage.
Thanks 

in0125

can you share the woring of the restriction to help get the best advice