Remortgage - Land Registry

Islander_bloke

Good afternoon,

So the situation is that my current fixed term mortgage is due to end tomorrow so 3 months ago I started off the process of remortgaging. It turns out i would be moving lender and all the credit checks etc went fine. I was informed a month ago from the solicitors that are dealing with this that the records for my house (i bought 2 years ago) that the land registry has have not been updated with my details and so the mortgage would have to be delayed until this is sorted.

Since my fixed term finishes tomorrow that payment slips onto the SVR rate so i get hit with a bigger payment. My question is since i paid my original solicitor to do all the conveyancing can i make him pay the difference in my payments until this gets sorted?

davidmcn

Islander_bloke wrote: »

My question is since i paid my original solicitor to do all the conveyancing can i make him pay the difference in my payments until this gets sorted?

What makes you think he's done anything wrong? (and no, you probably can't anyway)

Registration often takes a while to be completed. You might want to post in the Land Registry thread. Applications can be expedited if a delay is actually causing a problem.

Islander_bloke

davidmcn wrote: »

What makes you think he's done anything wrong? (and no, you probably can't anyway)

Registration often takes a while to be completed. You might want to post in the Land Registry thread. Applications can be expedited if a delay is actually causing a problem.

I think he has done something wrong as i have an itemised bill from him and one of the items is Registering with the Land Registry. Registration can take a while i know but this is 24 months after the fact.

I will take your advice though and move it into the other thread. I didnt know there was one tbh.

davidmcn

Islander_bloke wrote: »

I think he has done something wrong as i have an itemised bill from him and one of the items is Registering with the Land Registry. Registration can take a while i know but this is 24 months after the fact.

You pay the fee when you submit the application. How long it actually takes is up to the Land Registry. So no, this doesn't suggest the solicitor has done anything wrong.

davidmcn

Just realised from your post in the LR thread that you're actually talking about a property in Scotland - which isn't the Land Registry (of England & Wales), but the Land Register of Scotland (who won't answer you on that thread).

However, the same principle applies - you (or one of the solicitors) can apply to expedite the application:
https://www.ros.gov.uk/support/contact-us/expedite-requests

There isn't any legal reason why the new lender can't remortgage while your registration application is still being processed, they're just being lazy and would prefer to deal with a registered title.

Tiglet2

Don't know much about the Scottish system unfortunately, but in your position I would contact the solicitor firm that acted for you when you purchased the property and tell them you are not listed as the registered proprietor at the Land Registy. It would have been their job to ensure they registered you and if, for some reason, it hasn't been done, then they need to open up the file again and query it. Could be that you didn't pay them for a certificate or something so the application to register you couldn't be completed, but you will need to have a discussion with your previous solicitor to find out what went wrong.

davidmcn

Tiglet2 wrote: »

Don't know much about the Scottish system unfortunately, but in your position I would contact the solicitor firm that acted for you when you purchased the property and tell them you are not listed as the registered proprietor at the Land Registy. It would have been their job to ensure they registered you and if, for some reason, it hasn't been done, then they need to open up the file again and query it. Could be that you didn't pay them for a certificate or something so the application to register you couldn't be completed, but you will need to have a discussion with your previous solicitor to find out what went wrong.

It's almost certainly just in the normal backlog at the registers, not an indication that there is anything to worry about. The OP is "listed as the proprietor" given that any search includes checking the pending applications, it doesn't mean they're not really the owner yet.

SmashedAvacado

two years is not a normal period to wait in England. It should take a couple of months tops. Even with the current delays. I can't speak for Scotland, but just to be clear on the point for others.

charlie792

ROS do have a massive backlog so 2 years wouldn't suprise me - was the property sasine/newbuild when you purchased?