PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Transfer of equity and remortgage

I may waffle so I apologise!

I remortgaged my house in 2022 and removed my dad from the deeds as transfer of equity. He was originally on my mortgage for affordability but my last remortgage I took the mortgage on 100% myself. No money changed hands 

in June 25 I received a letter from my mortgage lender to say the solicitor did not register the remortgage or the charge with the land registry so the deeds are still in mine and my dads name 

The solicitors I used have had their licence taken away by the CLC and an intervention solicitor appointed to complete all tasks.
Intervention solicitor has advised that the land registry have cancelled my requisition
as they contacted the solicitor re stamp duty information and received no reply. They have no access to my paperwork so cannot help me.

My house is currently being sold and I am trying to sort a conveyancing solicitor but they seem to not have a solution to how I deal with the above. 

I have contacted the CLC but they don’t answer calls so have emailed.

I don’t know how to progress this. Can anyone help? 

Thank you 

Comments

  • Yorkie1
    Yorkie1 Posts: 12,161 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    @Land_Registry is this anything you might be able to offer any comments about, in relation to getting the LR matter cleared up at least, please?
  • SDLT_Geek
    SDLT_Geek Posts: 2,953 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    I may waffle so I apologise!

    I remortgaged my house in 2022 and removed my dad from the deeds as transfer of equity. He was originally on my mortgage for affordability but my last remortgage I took the mortgage on 100% myself. No money changed hands 

    in June 25 I received a letter from my mortgage lender to say the solicitor did not register the remortgage or the charge with the land registry so the deeds are still in mine and my dads name 

    The solicitors I used have had their licence taken away by the CLC and an intervention solicitor appointed to complete all tasks.
    Intervention solicitor has advised that the land registry have cancelled my requisition
    as they contacted the solicitor re stamp duty information and received no reply. They have no access to my paperwork so cannot help me.

    My house is currently being sold and I am trying to sort a conveyancing solicitor but they seem to not have a solution to how I deal with the above. 

    I have contacted the CLC but they don’t answer calls so have emailed.

    I don’t know how to progress this. Can anyone help? 

    Thank you 
    Is your dad still around and co-operative?  Thinking out of the box here, perhaps it could be accepted although the beneficial interest passed to you, the legal interest did not, so that the two of you together could transfer title to the buyer.

    That might not get over an issue if the old mortgage is still on the title.  Also the new mortgage lender might not accept it.  I can see conveyancers being concerned about looking at doing it this way.
  • Yes that’s what I was hoping but I don’t know if it’s possible. The remortgage hasn’t had the charge registered, however I am currently porting my mortgage over so this might still be ok 
  • Land_Registry
    Land_Registry Posts: 6,175 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    I would recommend waiting for the response from CLC. If the original firm was intervened in then a new firm would normally be appointed and should hopefully have the original file and paperwork 
    The new lender may also have some record but depends on how things worked between them and the conveyancer 
    If the original paperwork (transfer and new mortgage/charge) can’t be found then as posted you and Dad plus lender will need to start again 
    You’ll both need to have your identities verified by any new conveyancer as well 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.6K Work, Benefits & Business
  • 600K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.