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Help, restricted covenant, title cannot be transferred
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Can the op put a property alert on a property where he is not listed on the title deeds?0
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Yes, I have one on a few including my parents house. I also had it on the one I was buying which was very useful as I got alerted when the legal change was sent over.sheramber said:Can the op put a property alert on a property where he is not listed on the title deeds?2 -
Yes, I have one on parents home.sheramber said:Can the op put a property alert on a property where he is not listed on the title deeds?0 -
housebuyer143 said:Regardless of what they other poster said, you do own the house as you have legally purchased it,I'm not sure that is correct. The seller did not have "good title" so the OP cannot have legally purchased it.The solicitors are at fault but it is unclear whether the OP's solicitor messed up or did the seller's solicitor mess up by giving undertakings that the restrictions would be complied with? Either way a formal complaint to the OP's solicitor is the way to start the ball rolling.Every generation blames the one before...
Mike + The Mechanics - The Living Years0 -
I can't see any suggestion of that in the thread?MobileSaver said:housebuyer143 said:Regardless of what they other poster said, you do own the house as you have legally purchased it,I'm not sure that is correct. The seller did not have "good title"2 -
Yes but at the moment priority protection will be in place as there is a pending registration.sheramber said:Can the op put a property alert on a property where he is not listed on the title deeds?
I'd suggest a great deal of caution on this issue around statements relating to actual legal ownership of the property at the moment too - even anyone here with legal qualifications hasn't seen the title documents or anything else on the file, so will only be going on the bare facts contained in the thread - which probably isn't a great position to be making hard statements from in the circumstances!🎉 MORTGAGE FREE (First time!) 30/09/2016 🎉 And now we go again…New mortgage taken 01/09/23 🏡
Balance as at 01/09/23 = £115,000.00 Balance as at 31/12/23 = £112,000.00
Balance as at 31/08/24 = £105,400.00 Balance as at 31/12/24 = £102,500.00
£100k barrier broken 1/4/25SOA CALCULATOR (for DFW newbies): SOA Calculatorshe/her2 -
you don't have to be a lawyer to know that if a title can't be transferred, there's no proof of ownership. besides, the transaction isn't proper, as the house should not have been sold under these circumstances, so it's all in the air.
similar to buying something that's stolen: just because you paid for it, it doesn't mean it's yours.0 -
My understanding is that you can't have "good title" if there's an encumbrance on the property which is why normally an outstanding mortgage has to be paid off before the purchase can actually complete.user1977 said:
I can't see any suggestion of that in the thread?MobileSaver said:housebuyer143 said:Regardless of what they other poster said, you do own the house as you have legally purchased it,I'm not sure that is correct. The seller did not have "good title"
Every generation blames the one before...
Mike + The Mechanics - The Living Years0 -
A couple of really important questions for @Faddi777
1. Did you actually pay 50% of market value? If not, how much above or below?2. Are there any other conditions attached to the property, as it is designated as ‘affordable housing'? For example, are there any eligibility criteria, and do you meet all of those?
3. Do you have a mortgage? I assume so, as you said you only paid 5%. It’s possible that the lenders are not at all happy about the position. For example, if they loaned 95% of full market value, but the property can only be sold for 50%, then their loan is not properly secured.I also assume that the solicitor or licensed conveyancer is liable for sorting this out. Goodness only knows how, though!No reliance should be placed on the above! Absolutely none, do you hear?2 -
What "red flag from the solicitor" did you not notice?If you've have not made a mistake, you've made nothing3
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