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House not registered with land registry
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Glover1862
Posts: 410 Forumite

My mother in law has just paid off her mortgage and got the bundle of title documents. My farther in law passed away two years ago and we let the mortgage company know and mil carried on paying the mortgage. No will was made, house was in joint names.
She went on LR and found the house is not registered, they've had it since the early 70's, is this a matter for a solicitor Or can it be done by filling in the relavant forms? Is it likely to be complicated as my father has passed away and not left a will.
She went on LR and found the house is not registered, they've had it since the early 70's, is this a matter for a solicitor Or can it be done by filling in the relavant forms? Is it likely to be complicated as my father has passed away and not left a will.
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Comments
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It's a compulsory 1st registration as the mortgage is being removed I think. Certainly is if a new mortage is taken out so I reckon it applies both ways.
1st registration is a bit more complex than, for example, a change of name on an already registered property, so I'd recommend a solicitor.
https://www.gov.uk/government/publications/first-application-registration-fr1
https://www.gov.uk/government/publications/first-registrations0 -
Thanks, looking at the forms they seem fairly detailed so might be better to ask a solicitor, MIL can get her will done at the same time, she's wanted to do that for a while.0
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Glover1862 - G_M has linked you to the online guidance and forms and as you mention it is often a good idea to use a solicitor as they are familiar with the forms and process AND can also deal with the other aspects re wills etc going forward.
The mortgage redemption and sad death of your father won't trigger the need for compulsory registration so you would treat it as a voluntary one at this stage.
As G_M also mentions if she chose to remortgage then that would make it compulsory. And if it had been in Dad's sole name then transferring it into her name would also have been a compulsory trigger
However it is a case of now completing the forms FR1 and DL (x2) and submitting th various deeds/documents including the redemption evidence (form DS1 I imagine) and an official copy of the death certificate
Bear in mind that currently such applications take on average 65/70 working days. But you post suggests there is no rush and it is merely a case of sorting Dad's estate/MIL's affairs, which includes the property.“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
It's a compulsory 1st registration as the mortgage is being removed I think. Certainly is if a new mortage is taken out so I reckon it applies both ways.Land_Registry_representative wrote: »
The mortgage redemption and sad death of your father won't trigger the need for compulsory registration so you would treat it as a voluntary one at this stage.
As G_M also mentions if she chose to remortgage then that would make it compulsory.0 -
Thanks both for the info, most impressive this tinternet!0
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