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Lease Extension Registration at Land Registry / Whistletree Mortgage.

Last year I went through non-statuary lease extension which took about seven months. I used a reputable solicitor who was also dealing with the sell of my flat. The process of extending the lease was more less straight forward and the delay was put down to Covid pandemic. However in September 2021 I received the news I was waiting for and the lease extension was finally completed. At this point I was informed the process of registration the new lease with the Land Registry should take only a couple of weeks. 
Fast forward to May 2021, the application was cancelled by the Land Registry due to lack of communication from the solicitor. The reason for this was as follows, "The charge registered on the closing title is in favour of TSB Bank Plc (albeit trading as Whistletree) and therefore the Deed of Substituted Security must also be made by TSB Bank Plc and we are unable to accept the copy lodged in which only Whistlree is part/has executed the deed. Please have an amended or fresh, correct Deed of Substituted Security lodged. If amended, all amendments must be initialled by the parties to the deed or their conveyancer. Please amend Form RX1."
However the solicitor confirmed, the Deed of Substituted Security was correct. They tried to argue the point with the Land Registry, as Whistletree is a subsidiary of TSB and the mortgage charge is registered to them.
I have also obtained a letter from Whistletree which states," We can confirm the deed is correct as the signatories have authority to sign on behalf of TSB sealing authority for your records".
After a couple of emails to the solicitor, a further application was resubmitted in June 2021. 
In the latest update from the Land Registry, they are awaiting response to a requisition sent to the solicitor. Until receiving a response, the application wont progress further.
My concern is, the solicitor won't reply to the questions due to lack of supporting documents. Which will result in the cancelation of the current application. 
Slowly I am loosing all hope, as I can't sell the flat without long lease. 
I will appreciate any suggestions on how to go forward with my case.
Thank you.

Comments

  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Look up the solicitor's firm's internal complaints procedure.
  • tacpot12
    tacpot12 Posts: 9,153 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    I would suggest that you find out what the requistion is asking for, and talk to your solicitor about hwo to get what they are asking for. If they are still asking for something from TSB Bank plc, you might need to complain to the Land Registry. I would ask them to provide the legal advice that they have received that is contrary to the legal advice that you have received from your solicitor. If they don't have any contrary legal advice, I would make a formal complaint. If they have contrary legal advic, use this to get TSB bank plc to sign whatever the Land Registry are asking for. 
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
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