Land Registry questions

ginja_ninja_2

Excellent, thank you!

FluffyKatzen

Hello, I seem to be stuck with Land Registry with an ongoing issue which has been happening for a year or so and is costing me a lot of money 

My father passed away some time ago, in his will the house was left to my mum, who now has dementia as is unable to do anything and has been in a home for about a year and a half. In my father’s will the house was left to my mum. The house was only registered on land registry in my father’s name. I have the will and probate from my father’s death. I have court of protection and deputy on my mum due to her dementia. I need to sell the house to cover her costs and I first sent forms to land registry over a year ago to get the house transferred to my mums name to sell as the house had a deferred payment agreement against it and the longer this delay happens the more it is costing in interest. Court of protection say I have all relevant documentation. I have sent several documentation and forms to land registry who send it back and say the house can’t be transferred even though I have deputyship over my mum.

Could I please get help and assistance on what forms I should be sending to land registry to sort this out so I can transfer the house to my mums names to then sell the house. I feel like I am having a mental breakdown trying to resolve this. Many thanks 

Land_Registry

FluffyKatzen said:

Hello, I seem to be stuck with Land Registry with an ongoing issue which has been happening for a year or so and is costing me a lot of money 

My father passed away some time ago, in his will the house was left to my mum, who now has dementia as is unable to do anything and has been in a home for about a year and a half. In my father’s will the house was left to my mum. The house was only registered on land registry in my father’s name. I have the will and probate from my father’s death. I have court of protection and deputy on my mum due to her dementia. I need to sell the house to cover her costs and I first sent forms to land registry over a year ago to get the house transferred to my mums name to sell as the house had a deferred payment agreement against it and the longer this delay happens the more it is costing in interest. Court of protection say I have all relevant documentation. I have sent several documentation and forms to land registry who send it back and say the house can’t be transferred even though I have deputyship over my mum.

Could I please get help and assistance on what forms I should be sending to land registry to sort this out so I can transfer the house to my mums names to then sell the house. I feel like I am having a mental breakdown trying to resolve this. Many thanks 

I am sorry to read of the issues you are facing - can you DM me or share the title number please?

millie2021

Will an “OS1” search by my husbands creditor “to protect a pending charge” impact my sale? House is in my sole name, CCJ in my husbands. House was bought before marriage and a declaration of no beneficial interest signed. Am hoping to exchange contracts on sale and new purchase in 2 weeks!

Land_Registry

millie2021 said:

Will an “OS1” search by my husbands creditor “to protect a pending charge” impact my sale? House is in my sole name, CCJ in my husbands. House was bought before marriage and a declaration of no beneficial interest signed. Am hoping to exchange contracts on sale and new purchase in 2 weeks!

An OS1 search protects the priority of a planned application such as a legal charge (mortgage), purchase or lease. The presence of an OS1 will delay matters for a purchaser if they don't have priority already. They would normally apply for their own search at least a week before completion so just after exchange usually.
I'd have a word with your conveyancer to clarify what type of charge they are trying to protect - Official searches (PG12) - GOV.UK

Bikeridea

Thanks in advance for any help.
Following the death of my brother, I am trying to remove several charging orders which exist at Land Registry on his house. I have contacted the companies named in the charging orders and most have informed me of the amount owed on the order and how to pay. I have paid these and the companies have (hopefully) completed the necessary form and sent to Land Registry to remove the charge. This has taken a lot of time and many hours on hold on the phone.
That leaves one interim and final charging order, which is then followed by what I believe is an order for sale, dating from 2009. My brother is still the registered owner so the order for sale was never carried out. The company which took out the charging orders and went to court for the order for sale say they have no record of the debt, so are unable to tell me how much is owed. 
So how can I get these orders removed and can the house be sold with the order for sale in place and if not, how do I get it removed?
Many thanks.

Land_Registry

Bikeridea said:

Thanks in advance for any help.
Following the death of my brother, I am trying to remove several charging orders which exist at Land Registry on his house. I have contacted the companies named in the charging orders and most have informed me of the amount owed on the order and how to pay. I have paid these and the companies have (hopefully) completed the necessary form and sent to Land Registry to remove the charge. This has taken a lot of time and many hours on hold on the phone.
That leaves one interim and final charging order, which is then followed by what I believe is an order for sale, dating from 2009. My brother is still the registered owner so the order for sale was never carried out. The company which took out the charging orders and went to court for the order for sale say they have no record of the debt, so are unable to tell me how much is owed. 
So how can I get these orders removed and can the house be sold with the order for sale in place and if not, how do I get it removed?
Many thanks.

These things can take time and removal from the register will all depend on how the title is registered and the charging orders protected Charging orders (PG76) - GOV.UK
Use our contact form to provide the specific details and the support team can steer you to the right form(s)/online guidance as appropriate - Public guidance: dealing with land and property - GOV.UK

shomk

Hi
I have two restrictions on my deeds. They are in reference to two debts. Those debts were paid in full over a year ago and I wrote to ask that the restrictions be removed. There was a third restriction which was removed but these two remain. I have tried contacting the companies but because they were in my now ex husbands name they wont deal with me and he is not inclined to sort it.
What is my next step please? Can I contact land registry direct to remove them?
Thank you!

Land_Registry

shomk said:

Hi
I have two restrictions on my deeds. They are in reference to two debts. Those debts were paid in full over a year ago and I wrote to ask that the restrictions be removed. There was a third restriction which was removed but these two remain. I have tried contacting the companies but because they were in my now ex husbands name they wont deal with me and he is not inclined to sort it.
What is my next step please? Can I contact land registry direct to remove them?
Thank you!

If the debts they protect have been paid off/dismissed then you can apply to cancel the restrictions using form RX3 plus supporting evidence to confirm that they have been paid off 
Notices, restrictions and protection of third-party interests (PG19) - GOV.UK

shomk

Land_Registry said:

shomk said:

Hi
I have two restrictions on my deeds. They are in reference to two debts. Those debts were paid in full over a year ago and I wrote to ask that the restrictions be removed. There was a third restriction which was removed but these two remain. I have tried contacting the companies but because they were in my now ex husbands name they wont deal with me and he is not inclined to sort it.
What is my next step please? Can I contact land registry direct to remove them?
Thank you!

If the debts they protect have been paid off/dismissed then you can apply to cancel the restrictions using form RX3 plus supporting evidence to confirm that they have been paid off 
Notices, restrictions and protection of third-party interests (PG19) - GOV.UK

Thank you