Trying to sell house but it's still in name of previous owner!

simonmills86

We purchased our first house in Autumn 2022.

We had a bit of 'to-ing and fro-ing' with solicitors and the usual associated stresses, but the house purchase was completed with relative simplicity in October of that year.

Recently we've decided we want to move and are hopeful making an offer on a new property, however in attempting to list the property for sale with a local estate agents this week it appears the person we bought the house off is still the legal owner of the property, according to the Land Registry.

I've got in touch with the solicitors that we instructed for the house purchase who I've not heard a scooby from since the house was bought 3 years ago, who claim the issue is down to a paperwork matter concerning a DF1 form that was never completed by the seller and that they've been actively chasing him all this time.

Not sure if I believe this as I've had the contact details of the person we bought from all this time, who confirmed during a phone call yesterday that to his knowledge he hasn't received any correspondence in the post. My suspicion is the solicitors were banking on us not moving house anytime soon and this issue wouldn't flag up.

We 'may' be able to get the property listed once the form is returned to us, hopefully within the next 24-48 hours however I read that it can take months for the Land Registry to update their files, meaning we're unlikely to be able to put in an offer or sell ours until this is completed.

Do I have every right to be absolutely livid by this and is there any recourse for this sort of thing? Does anyone have any experience of someone similar?

Obviously the priority is getting things moving and hoping this doesn't hamper our ability to move house but the more I have time to think about it, the more I think we have been shafted by the solicitors who I won't name but is an anagram of 'One Ill Patient'.

Thanks for reading.

sheramber

I would expect your solicitor would be contacting the seller’s solicitor. 

He would not contact the seller direct. 

simonmills86

sheramber said:

I would expect your solicitor would be contacting the seller’s solicitor. 

He would not contact the seller direct. 

Sorry I neglected that part of the story. The seller's solicitors went bust shortly after the sale.

Tiglet2

If a firm goes 'bust', then the SRA step in and allocate the firm's files to another firm.  First step would be to contact the SRA to find out where the file went, though your solicitor should be able to find this out easily.  Then your solicitor contacts the new firm to find out why this form hasn't been received.  They should follow up on this because they haven't completed your registration and therefore they cannot close your file.

I have not heard of the DF1 form.  What is it?

SDLT_Geek

Tiglet2 said:

If a firm goes 'bust', then the SRA step in and allocate the firm's files to another firm.  First step would be to contact the SRA to find out where the file went, though your solicitor should be able to find this out easily.  Then your solicitor contacts the new firm to find out why this form hasn't been received.  They should follow up on this because they haven't completed your registration and therefore they cannot close your file.

I have not heard of the DF1 form.  What is it?

I guessed that "DF1" form was meant to be DS1 form, the form for the discharge of the seller's mortgage. Is that right OP?

If the seller had a mortgage, then the usual procedure is for the seller's solicitor to undertake to get it repaid and provide form DS1 which gets the security discharged at the Land Registry.

Tiglet2

SDLT_Geek said:

Tiglet2 said:

If a firm goes 'bust', then the SRA step in and allocate the firm's files to another firm.  First step would be to contact the SRA to find out where the file went, though your solicitor should be able to find this out easily.  Then your solicitor contacts the new firm to find out why this form hasn't been received.  They should follow up on this because they haven't completed your registration and therefore they cannot close your file.

I have not heard of the DF1 form.  What is it?

I guessed that "DF1" form was meant to be DS1 form, the form for the discharge of the seller's mortgage. Is that right OP?

If the seller had a mortgage, then the usual procedure is for the seller's solicitor to undertake to get it repaid and provide form DS1 which gets the security discharged at the Land Registry.

Ah yes, that's the most likely explanation.

The seller's solicitor will send the lender the amount needed to redeem the seller's mortgage, but it is often the lender who sends the DS1 to Land Registry to discharge the charge, though the solicitor can do it. 

Perhaps OP can confirm whether the title still shows the charge?

Yorkie1

simonmills86 said:

We purchased our first house in Autumn 2022.

We had a bit of 'to-ing and fro-ing' with solicitors and the usual associated stresses, but the house purchase was completed with relative simplicity in October of that year.

Recently we've decided we want to move and are hopeful making an offer on a new property, however in attempting to list the property for sale with a local estate agents this week it appears the person we bought the house off is still the legal owner of the property, according to the Land Registry.

I've got in touch with the solicitors that we instructed for the house purchase who I've not heard a scooby from since the house was bought 3 years ago, who claim the issue is down to a paperwork matter concerning a DF1 form that was never completed by the seller and that they've been actively chasing him all this time.

Not sure if I believe this as I've had the contact details of the person we bought from all this time, who confirmed during a phone call yesterday that to his knowledge he hasn't received any correspondence in the post. My suspicion is the solicitors were banking on us not moving house anytime soon and this issue wouldn't flag up.

We 'may' be able to get the property listed once the form is returned to us, hopefully within the next 24-48 hours however I read that it can take months for the Land Registry to update their files, meaning we're unlikely to be able to put in an offer or sell ours until this is completed.

Do I have every right to be absolutely livid by this and is there any recourse for this sort of thing? Does anyone have any experience of someone similar?

Obviously the priority is getting things moving and hoping this doesn't hamper our ability to move house but the more I have time to think about it, the more I think we have been shafted by the solicitors who I won't name but is an anagram of 'One Ill Patient'.

Thanks for reading.

It is possible for the LR to expedite some matters, I think if a sale / purchase is involved.
@Land_Registry should be able to confirm in principle either way.

Land_Registry

Yorkie1 said:

simonmills86 said:

We purchased our first house in Autumn 2022.

We had a bit of 'to-ing and fro-ing' with solicitors and the usual associated stresses, but the house purchase was completed with relative simplicity in October of that year.

It is possible for the LR to expedite some matters, I think if a sale / purchase is involved.
@Land_Registry should be able to confirm in principle either way.

Yes re expedition although by sound of it the stumbling block is either no application actually submitted and/or the old lender hasn't discharged their charge. Expedition won't solve either but can make a big difference if both have been resolved.
Happy to take a look from our end if OP DMs the title number/address for example