Help Needed Understanding My Title Deeds

layercake1

I am looking to sell my property and because of old UNSECURED debt I decided to order online a copy of my Title Deeds from the Land Registry for £4.

Surprisingly after doing so I looked hard but couldn't find any "second charges" on the form. Not that I'm complaining, but still confused.

I have the obvious information on my deeds such as the mortgage lender "Bank of Scotland" + Crest Nicholson (Developer) + Peverel OM Limited (Maintenance for Development) + Ingress Park Management (ditto).

There is no more information.

1. As this is a copy, is it missing any information?

2. What about any pending charges? Can these restrict the property sale?

3. Would really like someone to view my title deeds thoroughly for me and give me the OK....:D

This would be much appreciated.

Thanks.

zzzLazyDaisy

An unsecured debt is not registered on the deeds. That is what 'unsecured' means.

The only time that would change is if the creditor obtained a charging order, but you would know about that because they would have had to go to court, first for a CCJ and then for the CO, and you would have been notified of the proceedings.

layercake1

Hiya zzzLazyDaisy
This was what I was thinking, but can't unsecured loans be turned into charging orders?
How do I know that if I try to sell my property something won't show up?
Am I looking in the wrong place?
Where should I look to be sure?

Senior_Paper_Monitor

It is fairly clear from either of the OP's posts that there is 'more in the background'.

What LazyDaisy says is 100% correct ..... BUT, if as I suspect, there is more to this than currently declared (and you are therefore worried about being caught out) then you need to make a full factual declaration of all circumstances - preferably to a professional rather than a public forum i would suggest - before they can advise you.

layercake1

Hi SPM
These are simply 2-3 unsecured Credit Cards & Loans from 2007 from different lenders.

I guess what I want to know is IF I had a CCJ (I've never checked) would this show up when I tried to sell my UK property?

(These are unsecured loans and I can't see any second charges on my title deeds)

I live in Europe now so won't ever get another mortgage in the UK again. I just want out of my current property.

Any more advice would be greatly appreciated.

opinions4u

Unsecured debts and CCJs won't impact the sale of a property unless there is a charging order.

layercake1

Hi options4u
Thanks for your reply.
So in reference to a charging order that would show up on my deeds yes???
Would you be able to check my title deeds if I email them to you?

zzzLazyDaisy

Okay, cards on the table, I think OP is a WUM.

And in any case, as far as e-mailing the deeds to someone is concerned, it is against the rules of this site to give out personal information.

However....

If there is equity in the house, and if a charging order were to find its way onto the title deeds between now and completing on some future sale, then the mortgage gets paid first, then the charging order, then the estate agents fees, then you get the balance.

If there is enough equity to clear the mortgage but not the charge, then as far as I know, it is up to the creditor to chase you some other way but I don't think they can block the sale (though I wouldn't stake my life on that, you'd have to check with your solicitor)

If there is not enough equity to clear the mortgage the lender can block the sale.

In any event the solicitor will want their fees up front.

Since you are selling the house anyway, you should speak to your solicitor.

Okay, I'm out!

Dx

layercake1

Hi D
Thanks for your insight on this. Really appreciated.
One more question, as a solicitor do you know how often deeds are updated?

kingstreet

If a charging order is registered against a property, the Land Registry immediately sends written confirmation it has happened, to the property owner, at the property address.

wend33

OK, Land Registry and Charging Orders!
If you are a sole registered proprietor the party that has obtained a charging order can apply for a notice of the order on your title - either an 'Agreed Notice' or a 'Unilateral Notice'. The Land Registry will send you a notice informing you that this has been entered to your address as shown on the register so it is very important that your address is kept up to date (see Land Reg site for how to do this)
If you are one of joint owners (or in certain circumstances for sole owners where someone else has an interest in the property) any charging order against your interest in the property can be protected by way of a restriction on the register. Land Registry will send you a notice informing you of this application and giving you a chance to object to it before it is completed. There is a time limit in order to write to Land Reg setting out the grounds of your objection and these will be considered. If they are 'groundless' the application will be completed and the restriction will then need to be complied with on certain dealings with your property (for instance a sale or remortgage). This is done by notifying the party with the charging order of the transaction and providing evidence of this to Land Reg.
Land Registry staff cannot give advice and always advise you to seek your own advice from either a solicitor or CAB.
Hope this helps.