Land Registry and pending application

dianaperie

I should be exchanging contracts on the 14th Sept this is not going to happen! The Estate Agents which arevStrike finally responded back to my solicitor to her letter, it took them one month. There one sentence mail revealed there was an application with the Land registry stopping them drawing up the contract. She  asked what this was, again one sentence response,  they didn't know as it was a different firm, there words.
I started to ask questions calling the conveyancer on the email, they refused to speak with me. Thankfully I have a free assistance helpline through my employee whom I called. I also started to trawl through the Land Registry web site, and on finding their property alert , immediately setting up one for the house. There followed the notification there was indeed a pending application dated May by the husband. I had guessed earlier the owners marriage had broken down and the memorandum of sale showed the husband living at a different address.  To try and establish further information I have purchased the title of register, his name is on the document. I can only presume it is to ensure his share from the sale. In the meantime I sit here in Limbo, my 83 year old mother who was coming to live with me, remains 320mileas away on her own waiting. I am surrounded by boxes, with an Estate Agent who said the husband  is uncontactable, and no longer speaking the last call asked me what I wanted to do!  It took Mrs H a month to return the initial sale doc after accepting the bid, so I have no faith there. I do not live locally (just as well) the way I feel about this terrible state of affairs, to me this house should never have been put on the market until their affairs were in order.
Has anyone any info/help/advice on where to go from this total dead end, where no one is really bothered certainly not the vendors or Strike.
Thank you

pinkteapot

You need your solicitor to find out and explain to you exactly what the situation is. It sounds like you might be using an online conveyancer rather than a local solicitor where you have one specific person dealing with your case? Unfortunately, in the event of anything going wrong, this isn't ideal. If your conveyancer won't talk to you then follow their firm's complaints process.

You need to understand exactly what type of Land Registry application has been made (different types have different codes). You could then ask on the Land Registry thread on here what the current turnaround time is. Your solicitor should also be asking the vendor's solicitor whether the Land Registry request has been expedited - vendor can pay to speed it up. The main dialogue should be between the two solicitors - at this point the EA isn't much use to you apart from chasing solicitors when things slow down. Remember that the EA works for the vendor, not you, so don't necessarily trust what they say.

Only once you clearly understand the issue can you decide whether it's worth pursuing this house or whether you should start viewing alternatives. Viewing other houses don't stop you buying this one - you don't have to pull out until you've actually found somewhere else.

dianaperie

I am still waiting sat here! I did manage to find out what the pending application was. This is my time line since my last post. 
The land registry were extremely helpful and explained why the pending application was expediated back in July. They said it was an easy process to close down, it was disclosed why it was returned. I am puzzled and this what I can't understand. The application submitted in husband's name only, property in joint names!  This lead to the other three points of return ID  and one signature etc.  I couldn't and still do not understand why a Solicitor would submit this application when it was obviously not a valid document. Next the EA informs me the vendors have settled on their financial affairs of the sale. I think this was to try and pacify me and they had returned their ID. And finally after yet more weeks tick by I decided to try and find out - why is the Solicitor not closing down the application.   I decided to telephone them myself I also instructed my Solicitor to contact the vendors conveyencing  Premier Property Lawyers to ask outright is this house for sale or not?
I was delighted the Solicitor acting for the husband whom had raised the application agreed to speak with me. She wanted to reassure me the vendors were concerned the sale would fall through due to the length of delay. She spoke of the problems with the conveyancer Premier Property, whom had ignored her requests (even denying receiving emails) to release the undertaking. It was 2 months after the 1st request. This release also coincides with them receiving my email from my Solicitor, they acted Two days later. Now I learn of this undertaking, what's this all about! How does this link in with the pending application, was it not possible to close the application without the undertaking from Premier Property. It would seem so, my Solicitor received a mail confirming the documents had now been sent to the Land Registry and it would take 48hours to close. She also informed my Solicitor of the disputes between Mr & Mrs H on settling their division of the proceeds. And yet the EA would not (despite my request) check with the vendors if there financial affairs were in order. And finally now the Land Registry have refused to speak with me any further on the subject, but did confirm docs received. Still counting and still waiting 8working days so far nothing!  Offer accepted 14th July and no further now than then! Three people's lives on hold, this is a lifestyle change bringing three people together who don't.. And can't afford to wait and wait and wait whilst for Mrs H she continues to stay in the house for as long as she can. I have had to reconcile myself to the fact we will not be in there for our first Christmas together for many years. But of course she will be happy to be there for their final Christmas. It seems to me no one is being up front and each and every parties concerned are to blame.