Land Registry questions

pault106

Land_Registry said:

pault106 said:

Good morning LR,

Title no# 623873

We are awaiting exchange on our new property(offer accepted 14th April 2021) but are being held up by an outstanding legal charge on our current property.

We remortgaged with our current mortgage provider, HSBC, in February 2021 but the charge was not registered until the 22nd April 2021. 

Our new mortgage is also with HSBC so my question is, are HSBC or the LR able to remove/fast track the current charge to enable us to reach exchange asap please?

Thanks

Paul

HSBC charges are normally removed electronically, so within seconds of them asking for it to be removed. So it reads as if any fast track is within their gift, not ours. 

The title number quoted isn’t a current one 

Thanks for the prompt response. 

Apologies, the correct title number is EX623873.

So HSBC should be able to remove the current unapproved charge to enable us to exchange?

Land_Registry

pault106 said:

Thanks for the prompt response. 

Apologies, the correct title number is EX623873.

So HSBC should be able to remove the current unapproved charge to enable us to exchange?

Many thanks and no need to apologise 
I think what you are really asking is can the application to register the HSBC ‘unapproved charge’ be cancelled (removed) as we’ve got a pending application to add a second charge to the title 
The lodging solicitor has contacted us to ask that the application is expedited, not cancelled. I imagine they want it registered so that they can then redeem both charges when you sell. 

I’d suggest checking with your solicitor here to clarify and confirm what’s happening and what’s needed to complete your sale 

pault106

Land_Registry said:

pault106 said:

Thanks for the prompt response. 

Apologies, the correct title number is EX623873.

So HSBC should be able to remove the current unapproved charge to enable us to exchange?

Many thanks and no need to apologise 
I think what you are really asking is can the application to register the HSBC ‘unapproved charge’ be cancelled (removed) as we’ve got a pending application to add a second charge to the title 
The lodging solicitor has contacted us to ask that the application is expedited, not cancelled. I imagine they want it registered so that they can then redeem both charges when you sell. 

I’d suggest checking with your solicitor here to clarify and confirm what’s happening and what’s needed to complete your sale 

Thanks again. Good to hear our solicitors are one step ahead of us!

I am not sure they knew that HSBC now have the power to cancel unapproved charges. I thought the 'unapproved charge' would superseed the current charge(being a remortgage) so that when we do sell that then would be redeemed only. 

If it is still possible to cancel this then it will be a bit quicker than waiting for this to be expedited. I will speak with HSBC and our solicitors to see what's best.

Thanks

Land_Registry

pault106 said:

Thanks again. Good to hear our solicitors are one step ahead of us!

I am not sure they knew that HSBC now have the power to cancel unapproved charges. I thought the 'unapproved charge' would superseed the current charge(being a remortgage) so that when we do sell that then would be redeemed only. 

If it is still possible to cancel this then it will be a bit quicker than waiting for this to be expedited. I will speak with HSBC and our solicitors to see what's best.

Thanks

HSBC don’t have the power to cancel an unapproved charge as it’s the solicitor’s application, not HSBCs
The second charge will be added to the title if all in order ASAP as they’ve expedited it
When you sell you’ll need two discharges to remove the then registered charges. 

pault106

That makes sense.

We did not use a solicitor when remortgaging back in February (as it was just a rate change between HSBC to HSBC) but I guess it would have been a panel solicitor of HSBC that would have filed the application.

Sounds like our solicitors are on the case with expediting this so hopefully we will get lucky and it will get approved this week, before our buyers and/or seller get itchy feet!

Thanks again for your timely responses.

laskoibence

@Land_Registry

Please tell me You have good news for us. Any updates on this please? MS563915

Land_Registry

laskoibence said:

@Land_Registry

Please tell me You have good news for us. Any updates on this please? MS563915

Sadly no good news. Still with us and no reply as yet from conveyancer 

laskoibence

Land_Registry said:

laskoibence said:

@Land_Registry

Please tell me You have good news for us. Any updates on this please? MS563915

Sadly no good news. Still with us and no reply as yet from conveyancer 

Thanks for the reply! Bit confused now, just had this from the solicitor right now:

I can confirm that the application has now been completed and a copy of the updated title document has been sent on to the Buyers Solicitors.

Land_Registry

laskoibence said:

Land_Registry said:

laskoibence said:

@Land_Registry

Please tell me You have good news for us. Any updates on this please? MS563915

Sadly no good news. Still with us and no reply as yet from conveyancer 

Thanks for the reply! Bit confused now, just had this from the solicitor right now:

I can confirm that the application has now been completed and a copy of the updated title document has been sent on to the Buyers Solicitors.

You should always rely on your solicitor here. 

We still have an application against MS563915 lodged on 8 June with our case reference P191TWR
if that’s the application they are also referring to then worth asking them to confirm 

whatsthatnoise

@ land registry....

Are you able to provide any indication on how long a first registration may take on a property that the deeds for have been lost / destroyed?

We have a property that has been in family ownership from when it was built back in the late 60's. However, on the death of the last person living at this property (very elderly parent), it has transpired that the deeds were held by a solicitor many years ago who themselves have not been trading for many years. All searches for information from the various firms that had any links to this solicitor yield nothing.

We have sent an application to Land registry with all relevant land registry forms. Along with these, we have also submitted as much by the way of paperwork that we have, showing letters / documents from original planning application, grant of planning permission, various letters from solicitors dealing with family affairs (including some showing they held the deeds), old and more recent council tax bills and so on.

How long does this typically take to be resolved? We are looking to rent the property, but of course, until we can "evidence" ownership, we are unable to register the property to be able to do anything with it.

Any advice would be welcome.