Any help urgently needed

lollycat11

Hi, so my partner has been divorced and estranged from his ex wife for over 20 years however due to being unable to locate her her name remained on his mortgage. Last year he managed to track her down via his stepdaughter and started the process of her removing her name from the mortgage. He began this in sept last year and despite many hurdles (he had to pay a number of her debts off in order to complete on new mortgage) he completed on 24/3/24. We though that was finally the end of it however earlier this week he received a letter from Overdales solicitors acting on behalf Lowell and they served papers granting an interim charging order on the house. He had 14 days to appeal which we have done to the best of our ability however within the papers is a land registry search conducted in April and his ex wife is still named. We have spoken to our solicitors who helped with the mortgage and they have said that the land registry has a huge backlog but in any event there should be a block flagging up that no such order could be implemented - this doesn’t seem to have happened and we are at a total loss as to our next move! Overdales sols have said that they will only accept a signed sealed court order or a copy of the deed of trust as proof that she no longer has a financial connection/interest in the land/property.
is it down to us to provide this and if so how would we obtain such documents? And why do we have to prove it? It has been a non stop legal nightmare from start to finish and at the end of it we feel we’ve ended up in the same old predicament of sorting out debts that are nothing to do with us… please can anyone help? We are at our wits end! Thanks in advance!

Grumpelstiltskin

Land Registry regularly post on here.

Land Registry questions — MoneySavingExpert Forum

I think you should post on there and ask them what the situation is.

DisabledDan

Your Solicitor ought to be able to contact the Land Registry and get some sort of confirmation.

Years ago I had an issue with some land and we sought a decision by the First Tier Tribunal, speak to a specialist property lawyer and see if there is some application you can make that will cause the Land Registry to prioritise updating the record.

I think a strong letter from your Solicitor to Overdales saying that they acted for you in removing the ex and any action on their part will be vehemently challenged and costs sought against them as they have been advised that the ex has no interest in the property.

You might try a Subject Access Request to the Land Registry for all information they hold relating to the property and your partner including recent updates..

The charging order myth thread might give you an idea,

https://forums.moneysavingexpert.com/discussion/1839539/charging-order-the-myth#latest