Notice of home right

Jemma01

Hi

I surfed few questions here, and i want to validate my understanding.

I want to view a property next week, and with a bit of digging i learnt that it was listed in August 2008, September 2020, and March 2022, and never sold! So trying to figure out why that might have been the case i checked the land registry. It doesn't answer everything but it shed a bit of light.

I want to double check that i understand this

1) In July 2021, HSBC was listed as a Proprietor, I'm assuming they took a loan against the property since no sign of any other mortgage for 20+ years. I understand that whatever the reason might be, it shouldn't affect me as it would be settled during the sale process. Is there anything that i should ask about that might be relevant to my purchase if i choose to proceed?

2) in December 2021, the spouse placed a notice of home rights under the Family Law Act 1996. I understand that as a "notice" the spouse cannot object to the sale, but needs to be informed? What if she refuses to leave the property? Is the only consequence a delayed purchase? I'm not in a rush, even 12 months delay wouldn't bother me.

Are there any questions i should be asking in light of this information during the viewing process?

Thanks

Jonboy_1984

Reads as a divorce to me, couple split up and raise a mortgage against existing to allow one to buy the other out.  Then one of them placed a second charge to ensure they receive the rest of their equity as agreed in the divorce proceedings and further loans cannot be raised against it. 

It is likely to be due to dependents now reaching adulthood triggering the sale.

The only thing to be concerned about in theory is the small chance occupying partner doesn’t want to leave they may stall at every opportunity to frustrate the sale, but there is nothing the EA can do at this stage to confirm this as they wouldn’t know…

ThisIsWeird

Hi Jemma.
Were different EAs used for the attempted sales each time? If the same, then they'll soooo know why it seemingly fell through each time, so ask them. Don't mention the research you've done, just that you know it's been marketed twice in the past three years - why?
Even if it's a different EA, they'll know. 
If the person claims they are 'just showing folk around', ask them to find out  from the negotiator handling the sale, and to let you know.

Jemma01

@Jonboy_1984 ah, i hadn't thought about about the children being underage! That could complicate the case.

@ThisIsWeird they are indeed different! But that's a good shout, because, why did they change? Wouldn't you just go to the same EA that has already established an entry for your property with all the details?

TBagpuss

People do change agents a lot, it could be that there is a divorce order which splits the equity by % and one party  has refused to accept offers at a certain level - definitely ask.

So far as the HR Notice is concerned, if you get that far, your conveyancer would typically require an undertaking to remove it . (It may be very easy - a MHR Notice can be removed by providing the LAnd Registry with a copy fo the decree Absolute of divorce or any final financial order. If the seller doesn't have either, it could be that they haven't yet divorced and finally settled finances and the delay is because they are still fighting over the split

Jemma01

TBagpuss said:

People do change agents a lot, it could be that there is a divorce order which splits the equity by % and one party  has refused to accept offers at a certain level - definitely ask.

So far as the HR Notice is concerned, if you get that far, your conveyancer would typically require an undertaking to remove it . (It may be very easy - a MHR Notice can be removed by providing the LAnd Registry with a copy fo the decree Absolute of divorce or any final financial order. If the seller doesn't have either, it could be that they haven't yet divorced and finally settled finances and the delay is because they are still fighting over the split

Thank you
I messaged the agent today with few questions, one of them was whether the property is in the middle of any court proceedings or dispute. What I've learnt is that the property was sold last year, but apparently failed because of "a third party", and that he's told that this is now resolved.