Vendor refusing to voluntary register property

davidmcn

AdrianC wrote: »

When the existing owner, the vendor, registers, then the charge will be transferred from the deeds and officially recorded on LR - unless the owner shows that the charge no longer applies. That will then make it impossible to transfer (sell) without the chargeholder showing they no longer have any interest.


What's clearly happened is that they've lost a very important piece of paper over the decades. It happens. The lender can't help, because they don't have the details, either.

But the same thing can happen with registered properties too. It doesn't sound like the lack of registration is the issue.

G_M

If the seller is in a hurry, and concerned about the timescale for voluntary registration, the solution is to point out to the seller that the buyer would witdraw. It would then take much MUCH longer for the seller to find a new buyer (perhaps only to then find the same issue recurring!).

The seller is being unrealistic - there is a flaw in their Title and no sensible buyer would proceed without the flaw being resolved either

* by production of the mortgage discharge cetificate or
* voluntary registraton (which would show no Charge registered against the property).

AdrianC

davidmcn wrote: »

But the same thing can happen with registered properties too. It doesn't sound like the lack of registration is the issue.

With registered properties, the removal of the charge is noted on the central record. No piece of paper to lose.

Land_Registry

I think what davidmcn is alluding to here is that the same issue exists whether the property is registered or not

The charge exists and no formal release/cancellation has happened so that is the real issue - they need to get the charge removed from land charges as opposed to a registered title if one had existed.

If it had been registered they would still have needed a piece if paper, electronic release or other evidence

The OP's solicitor is correct re breach of contract and the new lender taking issue as you'll end up with someone else's charge on your title ahead of their own.

The seller will need to resolve this as others have posted