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Buying a property that is a Bank repossession and my solicitor has said there is a title defect

Hi All, 

Im hoping some of you might help with an issue we currently have. We have sale agreed on our property and sale agreed on a property we are looking to buy. My solicitor has informed me of a "defect in title" on property we are hoping to purchase. The title is comprised in two Leases, the first consisting of most of the folio and the second comprising of a small strip of land.

They have advised that unfortunately, when the title was registered in the Land Registry, only the first Lease was noted as being the root of title. It may be that the mistake was made by Land Registry at the time of first registration. If so, Land Registry will remedy it. If not, then the title will have to be re-certified so that the folio can be amended.

As we are are obtaining a mortgage to assist with the purchase of the property, our solicitor is required to certify title to the Mortgage Lender, and our Solicitor would not be able to do this unless the folio was rectified.

To complicate matters we are purchasing a property that is a bank repossession, not through auction but a selling agent, and fear the solicitor selling the property for the bank might not be willing to help rectify and instead might put property up for auction. 

I'm aware there is an expedited process to sort out such matters if all parties agree to do so, however our solicitor has advised this can only be done by banks solicitor?

Is anyone aware of banks still providing mortgages for such matters? Or can anyone suggest anyways to resolve this?

So in summary we are in a bit of a quaqmire.

Thank you all.

Comments

  • Hoenir
    Hoenir Posts: 1,178
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    To complicate matters we are purchasing a property that is a bank repossession, not through auction but a selling agent, and fear the solicitor selling the property for the bank might not be willing to help rectify and instead might put property up for auction. 



    The bank has a duty to the party that defaulted on the mortgage debt to realise the best possible price for the property. Listing the property for sale at auction might not be  particularly quick process. Meanwhile interest will continue to mount of the the outstanding debt.  The lender will determine what course of action their acting solicitor takes. 
  • Hoenir said:


    To complicate matters we are purchasing a property that is a bank repossession, not through auction but a selling agent, and fear the solicitor selling the property for the bank might not be willing to help rectify and instead might put property up for auction. 



    The bank has a duty to the party that defaulted on the mortgage debt to realise the best possible price for the property. Listing the property for sale at auction might not be  particularly quick process. Meanwhile interest will continue to mount of the the outstanding debt.  The lender will determine what course of action their acting solicitor takes. 
    What do you mean when you say interest will continue to mount of the outstanding debt? The bank own the property so what interest is there. Do banks also accept mortgages on properties with title defects or is this a straight no? My solicitor also advised that banks solicitor might offer indemnity insurance to cover this but said that wouldn't be enough? Many thanks
  • user1977
    user1977 Posts: 13,287
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    Hoenir said:


    To complicate matters we are purchasing a property that is a bank repossession, not through auction but a selling agent, and fear the solicitor selling the property for the bank might not be willing to help rectify and instead might put property up for auction. 



    The bank has a duty to the party that defaulted on the mortgage debt to realise the best possible price for the property. Listing the property for sale at auction might not be  particularly quick process. Meanwhile interest will continue to mount of the the outstanding debt.  The lender will determine what course of action their acting solicitor takes. 
    What do you mean when you say interest will continue to mount of the outstanding debt? The bank own the property so what interest is there.
    No, they don't own the property. The defaulting borrower owns the property, and presumably the bank has repossessed because they're not making their repayments. The interest on the mortgage account carries on accruing until the bank completes a sale and applies the sale proceeds to the mortgage account.
  • user1977 said:
    Hoenir said:


    To complicate matters we are purchasing a property that is a bank repossession, not through auction but a selling agent, and fear the solicitor selling the property for the bank might not be willing to help rectify and instead might put property up for auction. 



    The bank has a duty to the party that defaulted on the mortgage debt to realise the best possible price for the property. Listing the property for sale at auction might not be  particularly quick process. Meanwhile interest will continue to mount of the the outstanding debt.  The lender will determine what course of action their acting solicitor takes. 
    What do you mean when you say interest will continue to mount of the outstanding debt? The bank own the property so what interest is there.
    No, they don't own the property. The defaulting borrower owns the property, and presumably the bank has repossessed because they're not making their repayments. The interest on the mortgage account carries on accruing until the bank completes a sale and applies the sale proceeds to the mortgage account.

    and if the sale price does not fully cover the outstanding mortgage, then a) the original borrower will still owe the balance and b) interest will continue to acrue on the balance.
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