NO CHAIN TURNING INTO A LONG WINDED NIGHTMARE - PULLING MY HAIR OUT!

Thrugelmir

How long is a piece of string?   That's a property transaction for you.

On a professional level I can tell you that telling someone how to do their job will backfire. Not the way to receive favourable treatment when it really does matter.  

LaurenJamie1991

I am not telling someone how to do their job. I have pulled both solicitors up when they have blatantly lied to me and have not done what they said they would. A few examples of this being saying to me they had sent the docs to the land registry on x date when actually it was 8 days later, another example is waiting on documents to be sent over that they had in their possession for weeks but never sent them after multiple prompts. This site must be full of other solicitors as everyone is too busy sticking up for them rather than actually replying to the questions on my post. I didn't ask for anyone's opinion in reference to what i think of my solicitors and if my view is right i asked some questions and asked for opinions/answers on specific question and like i said no one is actually focusing on that.

Land_Registry

As you’ve contacted us already you probably don’t need any more advice from us but I’ll try anyway 
1) Is my solicitor telling the truth when they said they cannot expedite it and only sellers solicitor can expedite and if so why are they not doing so? - it’s no a Q of True or False here. Ideally such a request would come from the applicant, so whoever has lodged the application(s). But in reality any party can ask as long as they provide documentary evidence to support the request. A memorandum of sale is one example of such proof 
2) Is it true we cannot exchange before the paid charges are removed from the property? I don't understand it as even if they are removed we still have two on the property until after the house sale anyway as the other two will not be paid until after completion. My solicitor keeps saying if the paid for ones are not removed before exchange it puts me at risk etc.
Only your solicitor can answer that and if you are taking a mortgage the decision is most likely down to your lender to make. If there’s a risk that these charges are not removed but left on then their security is nit in first place for example. 

The Q of the two not being paid until after completion is probably down to the type of charges involved. Registered charges, such as a mortgage, can be treated differently to other types for example a noted charge in the process so again one your solicitor/lender can cover off for you 
3) Will land registry seriously take 6 weeks to remove off their database, its been 12 days and they still have not even looked at the documents. Applications to update the register are generally waiting 4/5 weeks before being considered. It’s a numbers v resource issue but such a wait time is normal at present. That’s why we have the expedite option which reduces that wait time to 10 working days or less. At present if expedited I’d expect it to be considered within a few working days. 

However expedition doesn’t eliminate the key factors which are is the application in order and are wider checks needed. The former is self-explanatory whilst the second often depends on the type of charge and who/how it’s being removed. In some case we may have to contact the creditor to confirm removal for example. Such checks can take a few weeks to complete 
4) What else can i do to get things moving quicker? - expedition is the only option to reduce the wait time 
5) My mortgage offer was issued beginning of august due to covid and it now being October before they do the transfer of mortgage funds will they ask for any more bank statements or proof of earnings like they did at beginning of application process because its been two months since the offer and with covid people losing jobs etc? Documentary evidence of an expiring mortgage offer can’t be another example of the type of evidence to be submitted along with a request to expedite. 

By the sound of things nobody has made an actual request with evidence yet. Let me know when someone has and share the title number and we can at least see if it can get past the expedition first base ASAP. 

LaurenJamie1991

Land_Registry said:

As you’ve contacted us already you probably don’t need any more advice from us but I’ll try anyway 
1) Is my solicitor telling the truth when they said they cannot expedite it and only sellers solicitor can expedite and if so why are they not doing so? - it’s no a Q of True or False here. Ideally such a request would come from the applicant, so whoever has lodged the application(s). But in reality any party can ask as long as they provide documentary evidence to support the request. A memorandum of sale is one example of such proof 
2) Is it true we cannot exchange before the paid charges are removed from the property? I don't understand it as even if they are removed we still have two on the property until after the house sale anyway as the other two will not be paid until after completion. My solicitor keeps saying if the paid for ones are not removed before exchange it puts me at risk etc.
Only your solicitor can answer that and if you are taking a mortgage the decision is most likely down to your lender to make. If there’s a risk that these charges are not removed but left on then their security is nit in first place for example. 

The Q of the two not being paid until after completion is probably down to the type of charges involved. Registered charges, such as a mortgage, can be treated differently to other types for example a noted charge in the process so again one your solicitor/lender can cover off for you 
3) Will land registry seriously take 6 weeks to remove off their database, its been 12 days and they still have not even looked at the documents. Applications to update the register are generally waiting 4/5 weeks before being considered. It’s a numbers v resource issue but such a wait time is normal at present. That’s why we have the expedite option which reduces that wait time to 10 working days or less. At present if expedited I’d expect it to be considered within a few working days. 

However expedition doesn’t eliminate the key factors which are is the application in order and are wider checks needed. The former is self-explanatory whilst the second often depends on the type of charge and who/how it’s being removed. In some case we may have to contact the creditor to confirm removal for example. Such checks can take a few weeks to complete 
4) What else can i do to get things moving quicker? - expedition is the only option to reduce the wait time 
5) My mortgage offer was issued beginning of august due to covid and it now being October before they do the transfer of mortgage funds will they ask for any more bank statements or proof of earnings like they did at beginning of application process because its been two months since the offer and with covid people losing jobs etc? Documentary evidence of an expiring mortgage offer can’t be another example of the type of evidence to be submitted along with a request to expedite. 

By the sound of things nobody has made an actual request with evidence yet. Let me know when someone has and share the title number and we can at least see if it can get past the expedition first base ASAP. 

Thank you so much for the detailed reply this was what i was looking for and this has been the most helpful. I have submitted to expedite the application today and i have the title number i can give you so you can chase it like you said. Should i share it on this post or can i direct message you on here? Please let me know ASAP and i will get it across to you. Thanks again.

LaurenJamie1991

TITLE NUMBER IS: WT54613

LaurenJamie1991

@Land_Registry

Land_Registry

I received your DM and have replied 
By way of explanation for other it should be noted that the charges you referred to in your original post are all protected by restrictions, form K restrictions. 

These restrictions were applied for by each creditor after they obtained a charging order against one of the joint owners, namely the one you are buying from. 

As such you may wish to discuss our Practice Guide 76 section 4 para 3 with your solicitor/seller’s solicitor to understand the actions taken to date to deal with these restrictions and perhaps identify a quicker way forward. 

I make this point without full knowledge of the circumstances involved as it must always be your legal advice you should follow here 

LaurenJamie1991

Hi
Thanks for the response. What do you mean when you say look at a way to get these lifted quicker? I was told from my solicitor that the process was the sellers solicitor had to supply documents to remove the two charges and has supplied these to land registry and we are waiting for them to be removed. Are you saying there is another method to speed this up other than me applying to expedite - which I have done as you know or are you saying that by looking at my details that you found with the title number that perhaps the wrong info has been supplied for example. If you could be a bit more precise that would be really useful for me. Thankyou @Land_Registry

[Deleted User]

An interesting thread. 

OP - I have no advice but I feel your frustration at the lack of expedition with the two sets of solicitors. Some are just rubbish and have skins like rhinos and plod along without a care. I bought a house in 9 weeks as I had a brilliant firm I used who turned things around in a matter of hours each time.
hope you get it sorted.

LaurenJamie1991

Densol said:

An interesting thread. 

OP - I have no advice but I feel your frustration at the lack of expedition with the two sets of solicitors. Some are just rubbish and have skins like rhinos and plod along without a care. I bought a house in 9 weeks as I had a brilliant firm I used who turned things around in a matter of hours each time.
hope you get it sorted.

Hi There,

Thanks for your reply. I know its a nightmare, have applied to expedite it now hopefully it will be fast now i really hope so. I have had the worst experience as a first time buyer so far.