Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Joolz1966
    • By Joolz1966 9th Mar 18, 9:57 PM
    • 1Posts
    • 0Thanks
    Joolz1966
    Mortgage Paid/Land Register
    • #1
    • 9th Mar 18, 9:57 PM
    Mortgage Paid/Land Register 9th Mar 18 at 9:57 PM
    I am selling my late fathers council leasehold property. Had a completion date of 12/03/18, then 16/03/18 now don't know. I have a copy of a letter from the leaseholders who are the local council dated January 2015, saying, subject to redemption of your mortgage we include the Land Registry Documents dated November 2014 for the said property saying my father owned. Unfortunately for me included was a Notice on Registration of Caution dated 1993. Which obviously looks like my father defaulted on some payments around then and nearly lost the property, but was sorted. Subject to this the buyers solicitors have insisted that I obtain confirmation from the mortgage lender that all is complete and paid up. I have no other documents, i.e. mortgage statements etc as my father was not the best at finance or paperwork. I THINK that the mortgage was through the TSB, but have no account number, I have made 15 phone calls today and been passed from Lloyds to TSB and back again and no info. I have checked the Land Registry and been given the same documents that I already have, the council have been asked for any paperwork that instigated the letter of January 2015, totally unhelpful. I have checked with his bank the Halifax to see if he was paying any DD or SO to TSB and if THEY had any payments or account numbers and also tried his old bank, all have drew a bank. My question is should all this be necessary if I have the Land Registry docs stating he owned it an no mortgage is outstanding on it and council letter to say it has all been paid, or is it yet another delaying tactic.
Page 1
    • silvercar
    • By silvercar 9th Mar 18, 10:44 PM
    • 37,303 Posts
    • 157,151 Thanks
    silvercar
    • #2
    • 9th Mar 18, 10:44 PM
    • #2
    • 9th Mar 18, 10:44 PM
    Makes no sense.

    ...the buyers solicitors have insisted that I obtain confirmation from the mortgage lender that all is complete and paid up....
    What mortgage lender? If there is no charge registered on the deeds, there is no mortgage lender.

    Go by what is on the deeds, everything else is hearsay. You should be able to download the lease and the freehold deeds from land Registry.

    Why is your solicitor not dealing with the buyer's solicitor?
    • G_M
    • By G_M 9th Mar 18, 11:54 PM
    • 44,393 Posts
    • 52,683 Thanks
    G_M
    • #3
    • 9th Mar 18, 11:54 PM
    • #3
    • 9th Mar 18, 11:54 PM
    I am selling my late fathers council leasehold property. Had a completion date of 12/03/18, then 16/03/18 now don't know.
    Well until you Exchange Contracts, there IS no Completion date. I assume contracts have not been exchanged?


    I have a copy of a letter from the leaseholdersfreeholders? who are the local council dated January 2015, saying, subject to redemption of your mortgage we include the Land Registry Documents dated November 2014 for the said property saying my father owned.
    Was there a mortgage?
    Was it redeemed?
    Was the associated Charge on the Land Registry Title removed?

    Pay £3 here to get a copy of the Leasehold Title you are sselling and ceck for a mortgage Charge.

    Unfortunately for me included was a Notice on Registration of Caution dated 1993. Which obviously looks like my father defaulted on some payments around then and nearly lost the property, but was sorted.
    Is the Caution still on the Tite? See above to check.
    Who placed the Caution?
    If it is 'sorted', why is it still there?

    Subject to this the buyers solicitors have insisted that I obtain confirmation from the mortgage lender that all is complete and paid up. I have no other documents, i.e. mortgage statements etc as my father was not the best at finance or paperwork. I THINK that the mortgage was through the TSB, but have no account number,
    Check the Title as above to see a) if there is a mortage Charge registered; b) if it is TSB; c) if not TSB then which bank.

    Then contact that bank with the date the charge was registered, the property Title number etc. You'll also need to show them the Probate Grant in your name without which I doubt they'll talk to you......

    I have made 15 phone calls today and been passed from Lloyds to TSB and back again and no info. I have checked the Land Registry and been given the same documents that I already have,
    Ah! so you have the Title? Previously you simply referred to an out-of-date letter from the leaseholder freeholder.

    the council have been asked for any paperwork that instigated the letter of January 2015, totally unhelpful. I have checked with his bank the Halifax to see if he was paying any DD or SO to TSB and if THEY had any payments or account numbers and also tried his old bank, all have drew a bank. My question is should all this be necessary if I have the Land Registry docs stating he owned it an no mortgage is outstanding on it
    ???? Make up your mind? Do you or ddo you not have the Land Registry Title?
    If yes, what does it show?

    and council letter to say it has all been paid, or is it yet another delaying tactic.
    Originally posted by Joolz1966
    The Land Registry Title is what you are selling. That will state if there is, or isn't, a mortgage Charge registered, and/or a Caution.

    If there is neither, then your buyer has nothing to fear.

    All this begs the questtion: are you doing the conveyancing yourself? You clearly don't understand enough, so stop, and employ a solicitor.

    If you already have a solicitor, why not ask him (or, I suppose, her)

    a) to explain all this to you and

    b) to sort it out.
    • davidmcn
    • By davidmcn 10th Mar 18, 12:07 AM
    • 7,811 Posts
    • 7,986 Thanks
    davidmcn
    • #4
    • 10th Mar 18, 12:07 AM
    • #4
    • 10th Mar 18, 12:07 AM
    If you already have a solicitor, why not ask him (or, I suppose, her)
    Originally posted by G_M
    Female solicitors now in the majority in England & Wales (and 67% of current law students female), so rather more likely to be her.
    • G_M
    • By G_M 10th Mar 18, 10:48 PM
    • 44,393 Posts
    • 52,683 Thanks
    G_M
    • #5
    • 10th Mar 18, 10:48 PM
    • #5
    • 10th Mar 18, 10:48 PM
    Indeed. My comment was tongue-in-cheek.

    In fact I'm thinking it's time to start a campaign for quotas for male solicitors to address the gender imbalance.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,319Posts Today

8,135Users online

Martin's Twitter
  • Nearly at the Cheshire Show. Doing an @itvMLshow there today and tomorrow. Do say hi if you're there or ask a question.

  • Good morning. I'm on the train to go to the Cheshire Show today to film for an @itvmlshow Roadshow. Looking forwa? https://t.co/T0uKOKyj4I

  • Early days, but so far a huge majority - 19 in 20 people - support legalising cannabis for medical use. Whereas t? https://t.co/a3gJipQITc

  • Follow Martin