Trying to buy house with rogue equitable charge - help!

Monkeygirl78

Hi, we are currently trying to buy a house that has an equitable charge on it and are struggling. I noticed a rep from land registry posts on here so I'm hoping he/she might see this and be able to offer some advice.

Basically on the deeds there is an equitable charge ranked 1 which is dated from 2007 ( 4 years prior to the current owners buying the house) this was awarded from the court as an interim charge for alliance and Leicester. Below that is the current owners mortgage.

We are having problems sorting this charge out, obviously it should have been removed when the previous owner sold to the current one but it has not. We are now trying to get the old sale file back to see if there is a discharge notice in there, but failing that what can we do? It obviously shouldn't still be there but how can we get land registry to remove it?

Any advice gratefully recieved.

Thanks

ValHaller

You have no standing to remove the charge. Your vendors are in a position to deal with this and you should apply pressure to them.

FireWyrm

Not your problem. In fact, I would start making plans of your own to pull out since something smells somewhere. This charge should have been removed before your vendor bought the place and if it hasnt, either it belongs to them, or their own solicitor failed bigtime. The truth is, this sale is tainted and there is nothing you can do to rectify it yourself.

Walk away.

Monkeygirl78

Thanks for your replies - I know it's not our problem I'm just looking for any suggestions I can pass to our vendor... I know it's not looking good the charge was added 2007 and our vendor didn't buy the place til 2011 it's a total cockup

Road_Hog

Monkeygirl78 wrote: »

Thanks for your replies - I know it's not our problem I'm just looking for any suggestions I can pass to our vendor... I know it's not looking good the charge was added 2007 and our vendor didn't buy the place til 2011 it's a total cockup

It should have been discharged in 2011 when the current owner bought the property, the seller's solicitor should have taken care of this.

It maybe that this was done, but Land Registry wasn't informed. Contact the company that has the charge on the property.

Are we talking a huge amount or a small charge? If the latter, you could always negotiate that from your offer.

Monkeygirl78

Hi road hog - it's the alliance and Leicester unfortunately, so I guess the vendor would have to go to Santander and hope they have records. The vendor has contacted his old solicitor responsible for the house sale and they are working with the previous owners solicitor to check both files in the hope there is a discharge form or more details... No idea how much it is for, but we think it isn't the old mortgage but a personal loan, so hopefully it isn't too much

Road_Hog

Monkeygirl78 wrote: »

Hi road hog - it's the alliance and Leicester unfortunately, so I guess the vendor would have to go to Santander and hope they have records. The vendor has contacted his old solicitor responsible for the house sale and they are working with the previous owners solicitor to check both files in the hope there is a discharge form or more details... No idea how much it is for, but we think it isn't the old mortgage but a personal loan, so hopefully it isn't too much

Might be worth a call to Land Registry to see if the charge is still current.

Monkeygirl78

If the charge is on the deeds is it not current? I downloaded them a few nights ago and they are deffo on there

Jeffrey_Shaw

Monkeygirl78 wrote: »

If the charge is on the deeds is it not current? I downloaded them a few nights ago and they are deffo on there

In that case, yes- it still exists.
BUT it might secure £0. That's something that only Santander can say.

Monkeygirl78

Well some good news is that we've just found out the paperwork in file says the charge is paid, but there is no discharge notice - hope that won't take long to produce, and land registry April remove the charge quickly!

Road_Hog

Monkeygirl78 wrote: »

If the charge is on the deeds is it not current? I downloaded them a few nights ago and they are deffo on there

As you've found out, the answer to that is no.

Somebody just didn't sort out the paperwork.