Bought House but cannot register it in our name as old owner has debt on it

Debt_Free_Chick

Robina wrote:

Thank you everybody for you comments. I did look on the Land Registry Website and downloaded where it said charges. There is a charge on the property from July 2004 and that seems to be the only one. It is with a Finance Company.

And you bought in May 2006 :eek: Difficult to see how a solicitor could miss that one. As you can see, a Land Registry search is "instant".

If it is in her married name or just in her husbands name then she could be 'made of straw' as they say and not have any assets. If that is the case how could she be sued for breach of contract for not clearing the charge on our property.

Don't worry about this - she is clearly one and the same person, whichever name she uses.

I worry that the property is not really ours as it belongs in part to the finance people who have the charge on it.

Again, don't worry about this at the moment. You have a contract that demonstrates that you bought the property, although your "legal title" to it can't currently be recorded at the Land Registry.

Your only concern is to get the matter of the charge that the previous owner has, sorted out. Once that's fixed, then you will be recorded as the owners at the Land Registry.

As you suggest, get the letter of explanation from your solicitor and take it from there. I would be inclined to make your enquiry under the firm's complaint procedure. This should be clearly set out in the "terms of business" letter they sent you when you first appointed them. By doing this, your case will be investigated by another partner in the firm, so you get the benefit of a "semi-independent" review of your case now. I just think that a different partner is less likely to squirm and try to hide responsibility if your solicitor made a mistake.

Take things from there once you get the reply.

Good luck

Bustle

Am in process of buying a repo property.

Solicitor has advised that "..any charges which relate solely to the period of ownership of the seller will be recoverable by you as a debt following completion." The seller is a company that is being liquidated.

Can anyone advise on what this means exactly? I understand that council tax and utility bills I would not become liable for once I move in as these are not in my name.