Charge on property

honeybee3939

Hi

Thanks for any advice up front.

Im getting all stressed out with this house moving business !

We have sold our home and put a offer on a property which as now been accepted. Mortgage as been sorted etc, survey etc been sorted and thought everything was going smoothly until i received a letter from my solicitor to say we have a charge on our property from the land registry which dates back to 1992. And we cant sell our home until this as been cleared.

So i have spent most the day on the phone trying to sort it out but i just seem to be going around in circles. I have contacted my bank who say there are no charges on my house( there used to be this charge, but they know i paid it off and was cleared off there system) The solicitor thinks that when we paid the amount off the company didnt let land registar know and thats why its still there. The company who we owed the charge to now dosnt exist it as changed name 3 times since 1992 and when i contacted the relevent tele number address i was given from land registry they didnt know anything
about it.
I know this charge was paid as i still have the stubb in my old checkbook but thats all. I really dont know what to do.

Any advice would be most welcome.

subjecttocontract

Either you or your solicitor should phone the land registry and ask their advice. You should exlain the details as posted and with as much information as possible and ask them to advise on how to resolve the problem.

clutton_2

contact yoru bank and get a photocopy of the cleared cheque - it may cost you. contact Companies house and research all these different name changes so that you can establish a paper-trail of changes of names of this company.

HugoSP

When you paid the charge off did you get a Land Registry Form TR1 or similar?

Our mortgage co sent one to us but advised us to retain it until we sold the house. However we sent it to the Land Registry to get the charge removed now. It costs nothing to do. The form was completed to release the property from the charge associated with the mortgage.

It's probably a good idea to suggest that anyone paying off a charge on a property MUST send the papaerwork off to the LR without delay.

Alternitively why not post the mane of the bank on the forum? Some bright spark on here may be able to establish who the current bank is.

KellsBells

Hiya. Not 100% on matter in conveyancing, but I'll try and offer a suggestion. Speak to your solicitors and see if they think it is worth approaching the buyers sols to ask if they would accept an undertaking/indemnity that the charge has been paid. As long as you can prove it to your solicitor, he should be able to guarantee it to the buyers sols.
The buyers sols probably won't be able to accept this if they have to satisfy a mortgage lender. However, if your buyer is cash, they may well be able to.

Might be worth a try

honeybee3939

Thankyou so much for your replies i have taken your advice on board.

I have contacted the bank who are going to find out when the cheque i sent was cashed, and also contacted Land registry and explained the sittuation they very kindly advised me what to do. They are going to send me a CCD form through which they have logged and then it will be sent to the company who is holding the charge , they explained if they dont get a reply in 21 days it will be taken off the system.

So fingers crossed.

You guys are fab thankyou.:beer: