land registery / deeds question

lindos90

Richard_Webster wrote: »

Sometimes if there are delays in registering then they are down to delays in the seller's mortgage lender providing the evidence that their mortgage has been paid off., which is in turn down to poor lender internal organisation.

Thanks Richard, thats something I had not thought of, not knowing the process involved

Richard_Webster wrote: »

If a solicitor tries to register a transfer into his buyer client's name the Land Registry will leave the old mortgage on there still affecting the property and the buyer's new mortgage lender will not like that.

The LR confirmed that no applications have been lodged, so maybe my solicitor has forgotten, or maybe its down to the sellers mortgage lender...im taking bets:rolleyes:

Richard_Webster

Quote:
Originally Posted by Richard Webster
If a solicitor tries to register a transfer into his buyer client's name the Land Registry will leave the old mortgage on there still affecting the property and the buyer's new mortgage lender will not like that.
The LR confirmed that no applications have been lodged, so maybe my solicitor has forgotten, or maybe its down to the sellers mortgage lender...im taking bets

No, the point is that because the LR leave the old mortgage on solicitors are now delaying lodging until they get the discharge from the old lender.

G_M

lindos90 wrote: »

Just called the land reigstery, VERY helpful.

They said they would advise me on a 'yes/no' basis, I gave them my name, they said ' no, that is not the name of the current registered owner'

I said the name of the people who we bought the house from, and they 'yes, that is what is showing on our records, they are still the legal owners'.

He said I needed to chase it up with the solicitor, as the house still legally belongs to the previous owners, and could be used to pay off any debts that the previous owner may have!!:eek:

Should I also contact my mortgage provider, as my mortgage is not based on a house, if ive not bought it!

Chase your solicitor. Do it in writing!
Tell them what you've found out from the LR.
Point out the previous owners could use the property to pay off any debts that they may have
Check the documentation you have from the solicitors - do they have a complaints process ie escalating problems from 'your' solicitor to a Senior Partner? If so, us it!
Give them a timescale - ie you expect the property to be registered within 5 working days.

lindos90

Richard_Webster wrote: »

No, the point is that because the LR leave the old mortgage on solicitors are now delaying lodging until they get the discharge from the old lender.

So my solicitor should have asked for, or be waiting for the vendors solicitor to obtain a discharge from the old lender, before my solicitor lodges an application, (hope ive got that right now:o)

How can I find that out? My solicitor will not give me any information.

I do now have a copy, telling me the previous owners still own it, and it gives me the name of their mortgage provider.

G_M

My solicitor will not give me any information.

What do you mean? He refuses to speak to you? Ignores your letters? What action have you taken and what does he do/say?

Chase! In writing. Use complaints process. If it doesn't work, go to the SRA.

Hassle them. Call daily.

lindos90

G_M wrote: »

Chase your solicitor. Do it in writing!
Tell them what you've found out from the LR.
Point out the previous owners could use the property to pay off any debts that they may have
Check the documentation you have from the solicitors - do they have a complaints process ie escalating problems from 'your' solicitor to a Senior Partner? If so, us it!
Give them a timescale - ie you expect the property to be registered within 5 working days.

My solicitor is the 'director of conveyancing' in the business, but dont know if he is a 'partner'.

I am wondering if Richards suggestion could be a possibility, as communication between my solicitor and the vendors solicitor (both in the same company, but different offices) was SO bad, they never chased things up, just waited for each other.

So I would like to find out about this before I go in guns blazing. ..really feel like 'blazing' at the mo though, looking round at our house, that we are paying a mortgage for, and we dont have rights to one brick of it (unless I have squatters rights:rolleyes:)

Richard_Webster

My solicitor will not give me any information.

What do you mean? He refuses to speak to you? Ignores your letters? What action have you taken and what does he do/say?

Chase! In writing. Use complaints process. If it doesn't work, go to the SRA.

Hassle them. Call daily.

Solicitor really should answer this point. OP is not asking much. Threaten in writing a formal complaint if an answer is not given. Don't make another phone call - communicate in writing - e-mail if possible and request a read receipt.

lindos90

G_M wrote: »

My solicitor will not give me any information.

What do you mean? He refuses to speak to you? Ignores your letters? What action have you taken and what does he do/say?

Chase! In writing. Use complaints process. If it doesn't work, go to the SRA.

Hassle them. Call daily.

I have called them to ask for confirmation that the house has been registered on two occasions, once to the solicitor himself who said he didnt have the file to hand but would ring me back..and didnt. Once speaking to his secretary, who said our file was not active, so assumed it had been done, and if the file was opened and 'commented' on, there could be a charge if they sent me a letter to confirm! Thought I was probably concerned without any reason, so didnt keep ringing.

But now I know it has definatly not been done, for whatever reason, I will be more persistant and will not let it go.

Thanks for all advice everyone!:beer:...I will report back to the thread when I have an outcome, always useful for people in the future.

loulou41

When I bought my house in August, I was concerned as well how do I know if the property is registered in my name? It was not showing on the sold property websites. I did ask for a copy of the title deed which I received three months after the purchase. To put my mind at rest, I did phone land registry, I did give them my name and they confirmed it is registered. In December, I have noticed that the property is now showing on the sold websites. It took nearly 5 months. Your solicitor should be able to answer your questions regarding registering your property. I would pester him until I get an answer.

G_M

I would pester him until I get an answer.

In writing in writing in writing!

a) on the phone you can get fobbed off (as you've already found) and
b) you now want a paper trail/record of your enquiries