Land Registry - Removing notices

Snookie12cat

We were due to complete and exchange today but turns out the sellers solicitor has not applied to the Land Registry to remove the charges from the register. She says she will be submitting the paperwork today and requesting it be expedited but how long does this take?

Snookie12cat

@Land_Registry

canaldumidi

What Charges?

If the Charges relate to an existing mortgage, these are usually removed after Completion with the seller using the sale price to pay off the mortgage.

But that seems not to be the case here.

user1977

In any event, if it's the seller's solicitor's application, why can't this just be dealt with by an undertaking in the usual way? What's your own solicitor saying about it?

Snookie12cat

user1977 said:

In any event, if it's the seller's solicitor's application, why can't this just be dealt with by an undertaking in the usual way? What's your own solicitor saying about it?

@user1977 The solicitor said she would take this on for the seller solicitor if she sent over the Rx1 forms and agreed to the undertaking, but the sellers solicitor says that the interim charging orders do not need to be paid and so they will not be doing this, so my solicitor is refusing to exchange or complete because she says the charges will not be removed until such time as the orders are paid.
Upon requesting the RX1 forms, the sellers solicitor said that completion was therefore cancelled. 

ciderboy2009

Oh dear - if it's interim charging orders then it will be for the court to remove them or for the claimant to agree to remove them.

If the judgment isn't getting paid then I can't see any incentive for the claimant to agree to remove them.  An application to the court will take some time (and is likely to fail).

Snookie12cat

I had this response @ciderboy2009

"Now I can obtain this legal promise from them that they will apply and have these removed. We can either exchange and complete today on the basis that they’ll apply but we don’t know how long this will take and the land registry come back with requisitions or what we can do is ask them to apply to remove it and once removed then complete, so we can see the title and can see that you are not taking subject to any of the restrictions etc.

 

Please can you confirm via email what you wish for us to do.

 

Please can you let me know what you wish for us to do and we will act according to your instructions. Unfortunately we cannot guarantee if they provide the undertaking how long it will take etc for them to deal with it after completion.

I am worried I am going to get into something that might not be ideal - any advice?

Land_Registry

Snookie12cat said:

We were due to complete and exchange today but turns out the sellers solicitor has not applied to the Land Registry to remove the charges from the register. She says she will be submitting the paperwork today and requesting it be expedited but how long does this take?

Expedition generally means it’s processed within 10 working days. But they need to submit and then request expedition separately and through the dedicated contact channel 
RX1s are used to register a restriction so I imagine you are referring to RX3 or RX4 to remove the restriction 
You also mention charging orders so IF there’s a form K restriction and the sale is by joint owners they may not need removing - see PG 76 section 4 
https://www.gov.uk/government/publications/charging-orders

Tiglet2

Snookie12cat said:

I had this response @ciderboy2009

"Now I can obtain this legal promise from them that they will apply and have these removed. We can either exchange and complete today on the basis that they’ll apply but we don’t know how long this will take and the land registry come back with requisitions or what we can do is ask them to apply to remove it and once removed then complete, so we can see the title and can see that you are not taking subject to any of the restrictions etc.

 

Please can you confirm via email what you wish for us to do.

 

Please can you let me know what you wish for us to do and we will act according to your instructions. Unfortunately we cannot guarantee if they provide the undertaking how long it will take etc for them to deal with it after completion.

I am worried I am going to get into something that might not be ideal - any advice?

Frustrating as it is, do not exchange and complete while these interim charging orders are still on the title.   These belong to the seller, it is their problem to solve.  Don't make it your problem.

Sorry if it's not the answer you want, but there will be no incentive for the seller or their solicitor to do anything speedily once you've exchanged.  

Snookie12cat

Tiglet2 said:

Snookie12cat said:

I had this response @ciderboy2009

"Now I can obtain this legal promise from them that they will apply and have these removed. We can either exchange and complete today on the basis that they’ll apply but we don’t know how long this will take and the land registry come back with requisitions or what we can do is ask them to apply to remove it and once removed then complete, so we can see the title and can see that you are not taking subject to any of the restrictions etc.

 

Please can you confirm via email what you wish for us to do.

 

Please can you let me know what you wish for us to do and we will act according to your instructions. Unfortunately we cannot guarantee if they provide the undertaking how long it will take etc for them to deal with it after completion.

I am worried I am going to get into something that might not be ideal - any advice?

Frustrating as it is, do not exchange and complete while these interim charging orders are still on the title.   These belong to the seller, it is their problem to solve.  Don't make it your problem.

Sorry if it's not the answer you want, but there will be no incentive for the seller or their solicitor to do anything speedily once you've exchanged.  

@Tiglet2

Thank you. It's frustrating but I have come to that agreement. The fall out being we can't become the legal registered owner until they are removed which is worse than not owning it. 
I have let me solicitor know we need these removed. 

Snookie12cat

Land_Registry said:

Snookie12cat said:

We were due to complete and exchange today but turns out the sellers solicitor has not applied to the Land Registry to remove the charges from the register. She says she will be submitting the paperwork today and requesting it be expedited but how long does this take?

Expedition generally means it’s processed within 10 working days. But they need to submit and then request expedition separately and through the dedicated contact channel 
RX1s are used to register a restriction so I imagine you are referring to RX3 or RX4 to remove the restriction 
You also mention charging orders so IF there’s a form K restriction and the sale is by joint owners they may not need removing - see PG 76 section 4 
https://www.gov.uk/government/publications/charging-orders

@Land_Registry

They are B charges? 
Do you need to pay off interim charges to get them removed or is notifying the creditor of the sale sufficient? I did mean RX4. The sellers solicitor doesn't think they need paying.