Error on Land Registry

MarkySparky74

Hi All,

I'm looking to sell my property, but the land registry search has come back showing my Ex is still showing on the title deeds.

Long story short, 20+ years ago, I was made bankrupt due to Ex rinsing me for everything. I remortgaged on my own to pay off the bankruptcy, and thought it was all done and dusted.  However, ex is still there as I mentioned, and despite not having contact or any financial help since, I know they will not relinquish the deed without expecting money from the sale, even though they have contributed nothing. 

Should the solicitor and/or bank dealing with the remortgage etc have taken them off the Land Register? Should I have been able to remortgage with their name still on the deeds?

Can anyone offer a glimmer of hope please? We have found a new property, had an offer accepted, and trying to sell ours so we can move on, but this looks like it could put a stop to it all!

And of course, it happens on a Friday night, so can't do anything until Monday now!

Thank you for any advice!

HEEEEELLLLLLLLP! 

user1977

I don't see how you could have remortgaged in your sole name without the other owner signing the mortgage deed? Was there a change to a different lender or just a product switch with the existing one?

MarkySparky74

Hi user1977 - the original mortgage was with Abbey National, remortgage was with HSBC.  I used the second mortgage to pay off the bankruptcy and the first mortgage.  Would it make a difference that it is shared ownership, 60/40 (40% mine) with a housing association? 

user1977

Doesn't make sense to me! But after 20 years, I suspect another weekend won't do much more harm...

MarkySparky74

You're absolutely right, but it's putting a hold on selling and buying, and it's put a dampener on the weekend! Going to speak to our solicitor on Monday.

silvercar

To be clear, is your ex’s name on the title deeds of the property (from Land Registry), on the mortgage or on both?

EssexHebridean

Do you still have any paperwork from the solicitors who dealt with things at the time, confirming that your ex was being removed?
It would usually be good practice to send the client a copy of the title document once matters had concluded - can you recall receiving this, or indeed any other letter saying something along the lines of “we confirm that you are now registered as the sole owner of the property at the Land Registry”? 

It would be unusual that a mortgage lender is happy to have an unrelated (to their charge) party still on the title - although not unusual that the removal of that party would be dealt with at the same time as that charge being registered, it feels as though that part has somehow been missed, and the lender has also failed to notice this when they were sent confirmation of registration. 

I take it that you have seen an up to date copy of the title confirming the situation with the names?