Missed moving day as previous mortgage supplier (now NRAM) has not removed charge at Land Registry

S_howe

Hi all
I'm reaching out in sheer desperation - my mum was due to move house a week ago - she has lived in the property for 40 years - her mortgage was paid off over 10 years ago. The move was stopped as solicitor spotted a charge on the property held by the land registry, obviously it should have been spotted sooner but we are where we are. Her previous mortgages were through Northern Rock - now dealt with by NRAM - NRAM can only be contacted via telephone I've been in touch with them nearly everyday since - solicitors also chasing. I'm told the case has been "escalated" but I've been told that everyday. Last March NRAM wrote to my mum to advise that their Safe and secure scheme was now closed and they were returning her deeds to her this letter states that they had removed the legal charge they held on the property (obviously not). In my call today the customer service rep advised they don't have a record of that letter and it may be taking time finding archived documents. I suspect that they are not able to locate said documents and I don't know where to turn. Any advice gratefully received, unfortunately my solicitor's have been difficult to contact which isn't really helping. 
Not really relevant but wanted to point out this isn't my first post but it's been a while and I had to reregister.

davidmcn

Quite a common problem and the solicitors will know how to sort it out. Just frustrating that they've only noticed close to the intended completion date.

AdrianC

I presume her sale hadn't actually exchanged...?

If the property is registered, then it must have been registered voluntarily at some point since her purchase in 1980ish - did she remortgage it at some stage? So the deeds are purely historical interest - it's the LR entry that's the key here.

This is going to have to be sorted between NRAM and LR, unfortunately - and, yes, that may take time.

It may be worth you dropping a PM to @Land_Registry

xylophone

In my call today the customer service rep advised they don't have a record of that letter 

But your mother has the letter?

S_howe

AdrianC said:

I presume her sale hadn't actually exchanged...?

If the property is registered, then it must have been registered voluntarily at some point since her purchase in 1980ish - did she remortgage it at some stage? So the deeds are purely historical interest - it's the LR entry that's the key here.

This is going to have to be sorted between NRAM and LR, unfortunately - and, yes, that may take time.

It may be worth you dropping a PM to @Land_Registry

Thanks I have just contacted the Land Registry - yes it was actually repurchased by her in her own right - very frustrating - her buyers are purchasing with a mortgage and their funds have had to be returned to the lender until sorted. So frustrating that NRAM can only be contacted via telephone and post - the deeds are just historical interest they even contain the charge certificate from what I can understand it's not even her most recent mortgage that is the issue. I really appreciate your response even if it just confirms what I suspected :-)

greatcrested

As asked above - had contracts been Exchanged?

If yes, there is a whole kettle of financial problems.

If no, then you've not "missed moving day" as "moving day" has not been agreed yet.

S_howe

xylophone said:

In my call today the customer service rep advised they don't have a record of that letter 

But your mother has the letter?

Yes -  but it doesn't appear to be helping - I sent a copy to the solicitor and highlighted it to NRAM

S_howe

greatcrested said:

As asked above - had contracts been Exchanged?

If yes, there is a whole kettle of financial problems.

If no, then you've not "missed moving day" as "moving day" has not been agreed yet.

Contracts were to be exchanged on the day so fortunately no - so whilst we had an agreed moving date in principle not in the context you mention. Exchange and moving were going to be on the same day due to delays along the way (solicitors on both sides have been difficult to get hold of for a variety of reason) this was the most hopeful of the previously "agreed" dates. This is a "chain" of only 2 houses which I'm also trying to see as a positive.

Tiglet2

S_howe said:

greatcrested said:

As asked above - had contracts been Exchanged?

If yes, there is a whole kettle of financial problems.

If no, then you've not "missed moving day" as "moving day" has not been agreed yet.

Contracts were to be exchanged on the day so fortunately no - so whilst we had an agreed moving date in principle not in the context you mention. Exchange and moving were going to be on the same day due to delays along the way (solicitors on both sides have been difficult to get hold of for a variety of reason) this was the most hopeful of the previously "agreed" dates. This is a "chain" of only 2 houses which I'm also trying to see as a positive.

That's good - therefore no breaches of contract

xylophone

Yes -  but it doesn't appear to be helping - I sent a copy to the solicitor and highlighted it to NRAM

Has your solicitor spoken to NRAM and faxed a copy of the letter?

Thrugelmir

At the point of exchange seems rather late for the solicitor to spot that there was a charge against the property. A basic check.
Were dates being agreed without reference to the solicitors handling the conveyancing?