Title register in different name to seller

MissPeachtree

Can someone more knowledgeable please help....  We are wanting to offer on a property, but after checking the title register with the land registry we have discovered that the property is in a different name to that of the seller.  On discussing this with the Estate Agent, we have been informed that:
The property was purchased by the son of the woman living in the property and he is named as the owner with the title register.  The son does not reside there.  The woman is the person selling the property.  The EA has said that the woman has become the "legal owner" according to her BUT due to a backlog at the land registry she has not registered that she is the legal owner as the backlog at land registry would hold up the sale of the property.  Apparently there is documentation to show the woman is the legal owner, even though the title register does not have her registered as the legal owner.
Can anybody enlighten us or should we run for the hills?

DE_612183

what does your solicitor say?

BarelySentientAI

Title changes can be expedited if they are required before another transaction.

SDLT_Geek

MissPeachtree said:

Can someone more knowledgeable please help....  We are wanting to offer on a property, but after checking the title register with the land registry we have discovered that the property is in a different name to that of the seller.  On discussing this with the Estate Agent, we have been informed that:
The property was purchased by the son of the woman living in the property and he is named as the owner with the title register.  The son does not reside there.  The woman is the person selling the property.  The EA has said that the woman has become the "legal owner" according to her BUT due to a backlog at the land registry she has not registered that she is the legal owner as the backlog at land registry would hold up the sale of the property.  Apparently there is documentation to show the woman is the legal owner, even though the title register does not have her registered as the legal owner.
Can anybody enlighten us or should we run for the hills?

I wonder if the son will be facing a large capital gains tax bill if he has been the owner of the property, but has not lived there.  If he is not expecting that, it could derail the sale.

RHemmings

@MissPeachTree - can I give you congratulations for checking the title before making an offer. Let's just say that there have been past threads where someone was much further into the purchasing process before they checked the title register, and larger problems have been caused for the buyer. 

As above, said by @BarelySentientAI, the change of title can be expedited if needed - and I know it can happen for even less serious reasons than an upcoming purchase. 

Personally, I wouldn't start spending money on the purchase until the title register is in order. I wouldn't accept other documents. I would be concerned about some can of worms being just under the surface. It's complicated enough buying a house in the UK without adding extra weirdness on top. 

Of course, if you have fallen in love with this house ... then there's going to be some serious due dilligance that you (and your solicitor) are going to be needing to do. Even in the situation on you being absolutely decided on the house, I wouldn't accept being fobbed off with anything other than very clear title. 

Sam_666

Looks like  good  way to burn some  money  and time, go for it.

Olinda99

by all means go ahead and make an offer 

if it is accepted then you will obviously have to find a solicitor and the first thing you tell them is not to do any chargeable work other than  contacting the other side and sorting out the title register problem

pjs493

Titles can be in other names for a variety of reasons. Your case is just one example and it’s worth asking your solicitor for advice, they should be able to smooth things over and sort things out. As others have said, the deed change can be expedited if another transaction is needed. I’m in the process of selling a property as executor of my late husband’s estate. The title deed remains in his name (it’s a property he bought several years before we married and has been rented out for many years), but along with the Grant of Probate, it doesn’t complicate the sale in any way. 

user1977

If she is the beneficial owner, and the proposed sale will be a deed directly from the son to the buyer, I think that's probably ok. The complication would be if they wanted to do an interim transfer via the mother. As above, should be chatting to the lawyers rather than the estate agents about this.