Charging Order? The myth

Naffed_off

@Land_Registry - can you help?

Really seeking some advice, a catalogue of errors back in early 2022 by our solicitor (buying) and the sellers solicitor. Sellers Solicitor took an undertaking that a registered charge in favour of Topaz Finance Ltd Jan 2005  and an equitable charge in favour of Northern Rock May 2009. Having purchased the house and not informed of any legacy charges, we were given a closed file and assumed good title to the property.
On selling the property again, we have established that the 2009 charge is still present on the land registry with Heliodor. We have contacted Heliodor and been told they will discharge (as they solicitor did make payments back in 2022 to settle) and give them 5 working days, this time has since passed and we are no further forward, they cannot and won't give me a timescale and our house sale has the chance of falling through - stress levels have been huge. I've raised formal complaints with both solicitors and now with Topaz Finance Ltd, (who own Heliodor mortgages). I've been told 8 weeks to investigate a complaint and nothing we can do to expedite or escalate further.

What we are struggling with is, we are at no fault or our own unable to sell a house we own (was never mortgaged) due to a financial institution who omitted to remove a charge which was settled 3 years ago.

Any advice would be welcome as we are literally at the end of our tether! and we have financial commitments pending the sale (which we expected to happen a few weeks ago when this problem first raised it's head)

Thanks

Land_Registry

Naffed_off said:

@Land_Registry - can you help?

Really seeking some advice, a catalogue of errors back in early 2022 by our solicitor (buying) and the sellers solicitor. Sellers Solicitor took an undertaking that a registered charge in favour of Topaz Finance Ltd Jan 2005  and an equitable charge in favour of Northern Rock May 2009. Having purchased the house and not informed of any legacy charges, we were given a closed file and assumed good title to the property.
On selling the property again, we have established that the 2009 charge is still present on the land registry with Heliodor. We have contacted Heliodor and been told they will discharge (as they solicitor did make payments back in 2022 to settle) and give them 5 working days, this time has since passed and we are no further forward, they cannot and won't give me a timescale and our house sale has the chance of falling through - stress levels have been huge. I've raised formal complaints with both solicitors and now with Topaz Finance Ltd, (who own Heliodor mortgages). I've been told 8 weeks to investigate a complaint and nothing we can do to expedite or escalate further.

What we are struggling with is, we are at no fault or our own unable to sell a house we own (was never mortgaged) due to a financial institution who omitted to remove a charge which was settled 3 years ago.

Any advice would be welcome as we are literally at the end of our tether! and we have financial commitments pending the sale (which we expected to happen a few weeks ago when this problem first raised it's head)

Thanks

Really sorry to read of the issues you are facing but there's nothing we can do to assist. The ball is very firmly in the lender's court to apply to remove (discharge) their legal charge as appropriate. Until they do our hands are tied. 

Naffed_off

Thank you.

Naffed_off

@Land_Registry

Is it normal to allow a transfer of title with a legacy charge to a 3rd party?

Land_Registry

Naffed_off said:

@Land_Registry

Is it normal to allow a transfer of title with a legacy charge to a 3rd party?

It can and does happen but it's not normal for the reasons you have already indicated. When buying a property that is subject to such charges the buyer, through their conveyancer, would obtain undertakings as appropriate from the sellers, their conveyancer, to ensure that such loans were paid off and applications made to remove them from the register as appropriate
NOTE - this thread is not really intended for your type of issue. It's focussed on charging orders specifically and not registered/equitable charges

sourcrates

Land_Registry said:

NOTE - this thread is not really intended for your type of issue. It's focussed on charging orders specifically and not registered/equitable charges

My fault, I thought the OP may benefit from your advice that`s all.

Land_Registry

sourcrates said:

Land_Registry said:

NOTE - this thread is not really intended for your type of issue. It's focussed on charging orders specifically and not registered/equitable charges

My fault, I thought the OP may benefit from your advice that`s all.

Blame free culture has always existed for me so no fault at all - every post should be an effort to assist and yours was yet again. Just wanted to flag in case others read this thread and it morphs into something more than eggbox originally intended 

tiptopshrimp

tksnota said:

Assuming I can’t find any conveyancer which is the case for more than a year, is there a way of paying restrictions after they being lodged against the property for several years?

Or do I need to sort out the CCJs (if that’s possible) first before  fixing the restrictions?

I plan to settle the restrictions before I start any sale 

Thanks…tksnota 

Hi, I received some very kind advice from @Eggbox last year when we sold our property (I posted on this thread in April 2024). I found 2 conveyancing firms who understood the seller's obligations with regard to restrictions (one recommendation received from this forum, the other one I found after ringing MANY MANY firms!) 

Please pm me for details of the conveyancer we worked with, we completed on the sale and purchase in sep 24 and so far have not heard anything to say that my buyer's registration has not been successful. My conveyancer was prepared to hold back funds if the buyer wanted to, but luckily the buyer's solicitor accepted our undertaking to 'comply with the restriction' (which we did 😉) I would suggest that you try the firms first, as this will save you having to spend time and money settling the restrictions (you don't have to sort out the CCJs first). It has been the first time we have been able to breathe freely since the CCJ was set in 2008.

 Good luck

tksnota

tiptopshrimp said:

tksnota said:

Assuming I can’t find any conveyancer which is the case for more than a year, is there a way of paying restrictions after they being lodged against the property for several years?

Or do I need to sort out the CCJs (if that’s possible) first before  fixing the restrictions?

I plan to settle the restrictions before I start any sale 

Thanks…tksnota 

Hi, I received some very kind advice from eggbox last year when we sold our property (I posted on this thread in April 2024). I found 2 conveyancing firms who understood the seller's obligations with regard to restrictions (one recommendation received from this forum, the other one I found after ringing MANY MANY firms!) 

Please pm me for details of the conveyancer we worked with, we completed on the sale and purchase in sep 24 and so far have not heard anything to say that my buyer's registration has not been successful. My conveyancer was prepared to hold back funds if the buyer wanted to, but luckily the buyer's solicitor accepted our undertaking to 'comply with the restriction' (which we did 😉) I would suggest that you try the firms first, as this will save you having to spend time and money settling the restrictions (you don't have to sort out the CCJs first). It has been the first time we have been able to breathe freely since the CCJ was set in 2008.

 Good luck

Thanks. I will definitely be in touch with the conveyancer(s). I just looked back and find out it is nearly 2 years I had been unsuccessful in getting a conveyancer. 

Mooshoo_3

It's been suggested that I put a post on this thread because in looking for some help about an interim restriction in my name on a joint owned property. 

We have been .mortgage prisoners for years but have finally been able to sort things and can potentially remortgage now. I have some charging orders against just my name. The mortgage company will lend enough to clear three of them, however there is a fourth one I didn't know about. I couldn't find anything on it but after endless phone calls I've spoken to the debt collectors this is now with and have more info. It's a very odd debt they say defaulted in 2010. I can't find any paperwork on it. So I called back. I've been told by four separate staff members in calls they say are recorded that there is NO charging order in my name, that the CCJ "expired" in 2016 due to lack of documentation and all fees and charges removed in 2021. They say this after checking with their legal team more than once. 

I tried to get this removed by calling the  @Land_Registry but understandably they said it can be done, I'd completed the right form but they would need evidence. 

The debt collectors are messing me around and will not put anything in writing despite telling me verbally that there is no charging order. They did send a letter saying the account is now placed with them and they will be managing it. There is no mention of CCJ/charging order which I find interesting because if there was either I'm sure they would mention it in their normal threat o gram style. 

This is my opportunity to remortgage and clear the three I have to pay but this one that I don't is going to wreck everything for me and time is of the essence for a variety of reasons. 

What can I do?