20 months on and property still not registered on Land Registry - Can't remortgage

Timeforheroes01

Hi all. My wife and I purchased our property around 20 months ago and our current fixed rate deal expires at the beginning of January. 4 months ago I arranged a new deal which is completed, however is being held up by the fact that our property is still not registered through the land registry.

From speaking to our solicitors a few months back, the original application was dropped by the Land Registry due to unanswered requisitions. Our solicitor claims they have not been able to get a response from the seller's solicitor. Eventually a few weeks ago they received a response and made an expedited application to the Land Registry. Unfortunately the Land Registry had further requisitions and now we are stuck in the same situation of waiting for a response from the seller's solicitor and it's looking increasingly likely we'll not have our deal in place by the time our current mortgage expires (which is a joke considering I've been chasing this for multiple months). This is likely to cost us hundreds if not thousands in extra costs depending on how much longer it drags on. 

Is there any recourse here? Seems insane that something completely outside of our control (not even our solicitor) could completely screw up our remortgage

user1977

What are the requisitions?

silvercar

Did you buy a new build? These often take longer to register.

Is your current mortgage provider aware that their charge isn't registered? They may put pressure on for the registration to take place.

Timeforheroes01

silvercar said:

Did you buy a new build? These often take longer to register.

Is your current mortgage provider aware that their charge isn't registered? They may put pressure on for the registration to take place.

It is registered but under the previous owners name still. Not sure on our current mortgage provider, not sure how to check this though, hmm.

Timeforheroes01

user1977 said:

What are the requisitions?

I am not sure on the specifics as our conveyancer did not go into detail on what they are. They are a nightmare to get hold of too tbh, I basically have to constantly spam and ring them to get a response.

housebuyer143

So it is a new build? 
If not, then I would find out exactly what they are missing and how they are going to resolve it.

Timeforheroes01

housebuyer143 said:

So it is a new build? 
If not, then I would find out exactly what they are missing and how they are going to resolve it.

Not a new build. It's a maisonette that was split into two properties, but that's already happened and it's already currently listed as two properties with the old owner. 

JMA74

is a product transfer with your existing lender an option?   Otherwise its a case of waiting unfortunately

Timeforheroes01

JMA74 said:

is a product transfer with your existing lender an option?   Otherwise its a case of waiting unfortunately

I could renew with my current provider today on a fixed rate but the rates are much worse than what I have locked in with the new provider (offer stands until March so hopefully that still gives plenty of time). But it means I will shift onto the standard rate for my current provider until then which is obviously quite high.

silvercar

Timeforheroes01 said:

housebuyer143 said:

So it is a new build? 
If not, then I would find out exactly what they are missing and how they are going to resolve it.

Not a new build. It's a maisonette that was split into two properties, but that's already happened and it's already currently listed as two properties with the old owner. 

Could there be some discrepancy with the freehold/ leasehold situation?

My son completed on a  not-new-build flat end of August 2022 and the registration putting it in his name has just been completed this week, so if everything was in order that should have been your timescale. Expediting should reduce the timescales to 2 weeks if everything is in order.

@Land_Registry any advice?

propertyrental

silvercar said:

Timeforheroes01 said:

housebuyer143 said:

So it is a new build? 
If not, then I would find out exactly what they are missing and how they are going to resolve it.

Not a new build. It's a maisonette that was split into two properties, but that's already happened and it's already currently listed as two properties with the old owner. 

Could there be some discrepancy with the freehold/ leasehold situation?

My son completed on a  not-new-build flat end of August 2022 and the registration putting it in his name has just been completed this week, so if everything was in order that should have been your timescale. Expediting should reduce the timescales to 2 weeks if everything is in order.

@Land_Registry any advice?

though from what OP says, everything is not in order, and therein lies the problem. Apparently only the seller/seller's solicitor knows the answers to the requisitions (whatever they may be) and they have no real interest in the property any more.

Do you know the sellers? Have you kept in touch? Been helpful forwarding their mail....? Maybe if you contact them they could contact their solicitor to get things moving.