Will Land Registry Charges on a house stop a mortgage being given

magpie

I am selling a relatives house, however there are Land Registry charges c(i) and c (iv) on the property. These were attached in the 1960's and 1980's respectively. The persons involved are all now deceased and there are no documents to support these charges. The buyers of the property have informed me that they cannot get a mortgage now as the mortgage company need first charge on the property. If I were to try and get a Court Order, it looks like it would be unsuccessful as I do not have any relevant documents. Is there a way around this? Any help would be greatly appreciated

user1977

magpie said:

If I were to try and get a Court Order, it looks like it would be unsuccessful as I do not have any relevant documents.

Who's given you this advice? Ultimately there's going to be a way to sort it out, these things don't have to stay there until Doomsday.

I presume this is related to your other previous threads?

magpie

Yes it is related. This has been a nightmare from start to finish. Have managed to sort out all the other problems and this lands on me. The buyers are now anxious as they don't think they will be able to get a mortgage on it. Is it just a cash buyer I am looking at now? What happens in cases like this?

MovingForwards

Every single beneficiary, children, grandchildren, great grandchildren, cousin, siblings etc are deceased? No, as you are still around.

Unfortunately you're going to have to unravel the family history, check out intestacy rules and work out who is entitled to benefit from theses charges. Then the property can be sold. Even a cash buyer would want them removed.

If you solicitor has a probate department it may be worth instructing them, they can instruct people to do family histories and get this sorted out.

That's assuming this related to your late dad and his settlement, I've not gone through all your posts.

magpie

I do not have details of  what the c(iv)charge relates to. We have no documentation. Both my parents are dead. I have probate for my late mother and my father died intestate.

user1977

magpie said:

What happens in cases like this?

You seek advice from your solicitor about how to sort it out. If the deceased people are from your family (are they?) surely you have some idea of what happened to them and their estates?

Tiglet2

I don't think your buyers will have a problem obtaining a mortgage offer.  However, the buyer's solicitor will want the charges removed and it will be you and your solicitor that will need to find out who and where to obtain evidence of either a settlement figure or confirmation that the charges no longer apply.  Do these charges relate to loans given by family members a long time ago or are they various companies who have put the charges on the property because of money owed?

magpie

The Land Registry have said the charges cannot be removed as we do not have supporting evidence. One is for a loan in the 1960's. The person died in the 1960's and his estate was dealt with. The other charge I have no idea what it is for. We have no records. What I want to know is if anyone has had experience of this dilemma

user1977

magpie said:

The Land Registry have said the charges cannot be removed as we do not have supporting evidence. One is for a loan in the 1960's. The person died in the 1960's and his estate was dealt with. The other charge I have no idea what it is for.

But do you recognise the parties to it? Are they family members? If you know that the person's estate was dealt with, presumably you can evidence that somehow?

I expect a court would want some evidence that you have exhausted all reasonable lines of enquiry, and it's not clear from what you've told us what you've actually done so far.

Tiglet2

magpie said:

The Land Registry have said the charges cannot be removed as we do not have supporting evidence. One is for a loan in the 1960's. The person died in the 1960's and his estate was dealt with. The other charge I have no idea what it is for. We have no records. What I want to know is if anyone has had experience of this dilemma

That's correct.  You will need to obtain supporting evidence otherwise the Land Registry will not remove the charges.  Going via the courts will be a lengthy process.  The title deeds will give some detail of who holds the charges, so that's where you need to start.  You will need evidence that the estate was dealt with to put forward to the Land Registry in order for them to remove the charge.  Similarly the other charge must have some clue on the title.  What have you done so far in trying to locate information?