land registry charge ?

handicapgolf

Can anyone advise?
I/we purchased a house through a private sale (previously rented from seller) in 2002. We paid up our mortgage fully in 2007 and all deeds including land registry transfer docs were sent to us by the seller. However, we are currently selling this house and buying another, we have hit a sticky problem in the way of the land registry transfer doc A1 form has been lying in my draw since 2007 (my fault ) and it has all changed (upgraded) Our solicitor stated he has hit a brick wall in finding the original seller (he had moved house). After a bit of spadework we found him and made contact. He has been very cooperative in all aspects. As I made the mistake of not sending the original doc A1 to the Land registry I contacted the registry to help me out in this situation, they asked me to send the original doc A1 in with a cover note from my solicitor and get my solicitor to tick on of the boxes, he is refusing and has told me he needs to send new forms to the original sellers solicitor and his solicitor to get him to sign it and return it to him. this has caused all sorts of problems when in layman's term I could get the seller to sign the new docs and return. Do I need to comply with my solicitor and wait when I could do this in 24hrs. This has been going on for a month now. I feel fobbed off by my solicitor its just money and more money.

G_M

If you are onfidant that you can follow the Land registry advice, and get the LR records updatd quickly, then just do so. Advise your solicitor this is what you are doing so he does not spend time (and your money!) doing unecessary parallel work.

Let us know if you get it sorted.

handicapgolf

Thank you for reply, your advice is exactly what I was thinking but my solicitor (and the estate agent after asking them for advice) is adamant that I can not do this and needs to go down the solicitors route. He has quoted that this is a legal binding doc and needs to be dealt with by a solicitor and that I simply can not do it.

Land_Registry

Can you clarify that it is indeed a form A1 please? A Transfer form is either a form TR1 or TP1.

In some cases we will accept an 'old form' provided it has been completed correctly and we are satisfied as to the explanation provided as to why it has not been submitted until now. That decision would not be made though until the application is lodged.

However our current forms have been in play since 2002 and whilst some have undergone a few changes they have not been renamed
There used to be an old form 1A used for first registrations but that was an application form.

handicapgolf

Thank you for your input.
I was sent a bundle consisting of deeds and proof of all payment of my mortgage (paid up). I tell; land reg 2007 to ask if our names were on the deeds etc reply yes. However, pinned to the back of the deeds was the old type form A1 or 1A with the sellers name signed thus deleting the charge. 'so I thought' I now realise I should have sent the form to land reg (hindsight) As the process of selling my house got underway this is the stumbling block we are faced with, the land reg have been and are very helpful but my solicitor wants an Id1 form filled in by the original seller to prove who he is etc. The reason why I'm asking for tips is that my solicitor is adamant that the seller needs to fill the id1 form in and will only deal with the sellers solicitor. I have provided him with the sellers name address e-mail tell no etc. the seller provided my solicitor with his solicitors email address but she has left the company, etc this is why both myself and seller want to speed up process by doing it ourselves.

Land_Registry

Thanks for the additional information but I remain a little confused as to what it is that is now being applied for if your names are registered.
Is there a charge on the title perhaps that has been paid off but no evidence to remove it lodged?

You mention that we have been very helpful so I assume you have also contacted us directly. If that is the case then probably no need for me to dig any further on here

G_M

handicapgolf wrote: »

Thank you for your input.
I was sent a bundle consisting of deeds and proof of all payment of my mortgage (paid up). I tell; land reg 2007 to ask if our names were on the deeds etc reply yes. However, pinned to the back of the deeds was the old type form A1 or 1A with the sellers name signed thus deleting the charge. 'so I thought' I now realise I should have sent the form to land reg (hindsight) As the process of selling my house got underway this is the stumbling block we are faced with, the land reg have been and are very helpful but my solicitor wants an Id1 form filled in by the original seller to prove who he is etc. The reason why I'm asking for tips is that my solicitor is adamant that the seller needs to fill the id1 form in and will only deal with the sellers solicitor. I have provided him with the sellers name address e-mail tell no etc. the seller provided my solicitor with his solicitors email address but she has left the company, etc this is why both myself and seller want to speed up process by doing it ourselves.

Your post is very hard to understand. Please re-post

* remove the irrelevant detail
* break it up into the relevant facts
* make clear what the current Title shows
* make clear what the forms/pack show, what dates, and exact wording

verbal diarrhea is hard to respond sensibly o.

handicapgolf

Thank you again,
yes there is still a charge left on the title (The original seller) and both me and my partners names are registered. I am trying to discharge the sellers name as I am paid up. I am assuming that the original doc I received from the seller in 2007 is the doc I should have sent (this is the one no longer valid said by my solicitor)

Land_Registry

handicapgolf - thanks for this

I assume then that when you bought some sort of 'deal' was done with the seller whereby a charge was secured against the title in their favour.

If the original charge has been endorsed in some way by the seller to show that it has been paid off (an endorsed receipt) OR there is a 'Discharge' executed by them then in certain circumstances we may well accept them providing an acceptable explanation is provided as to why it has taken this long to lodge.

ID requirements do normally have to be met when discharging a registered charge but that requirement may not be practicable in a case where the parties are not around for example as 7/8 years have now lapsed. If the seller is still around though then the solicitor's request is probably a reasonable one but much will depend on the circumstances.

This sounds like a quite unique set of circumstances so very difficult to understand what has happened, why and how it can be resolved and in such cases we rely on the applicant to submit the application along with the supporting evidence before we can confirm what supporting evidence/information is required.

handicapgolf

Thank you,
You got it in one exactly what has happened.