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
    • Katieking22
    • By Katieking22 16th Apr 18, 6:15 PM
    • 2Posts
    • 1Thanks
    Katieking22
    First time buyer woes
    • #1
    • 16th Apr 18, 6:15 PM
    First time buyer woes 16th Apr 18 at 6:15 PM
    Hi everyone, Iím very new to MSE and the world of adulting. I bought my first home in September last year and have had problem after problem.

    I am after some advice from you all if possible. Iíve not got the deed to the property yet and my solicitor has been pretty evasive so far. Finally they have admitted theyíve not been able to register due to a charge against the property.. great what does that mean! Iíve done some googling but am still a bit unclear and Iíve rang to speak to the land registry whoíve told me my application will be cancelled for the second time if they donít provide proof of discharge of the charge on the property and itís down to my solicitor to chase the sellers!

    Iím worried because we are 8 months down the line now what will happen if the land registry cancels my application for the second time and what will happen to the charge on the property if they canít arrange for it to be discharged...

    Iím a totally newbie at all of this so would appreciate some sage old advice

    Thank you

    Katie
Page 1
    • Mermaid89
    • By Mermaid89 16th Apr 18, 6:34 PM
    • 48 Posts
    • 21 Thanks
    Mermaid89
    • #2
    • 16th Apr 18, 6:34 PM
    • #2
    • 16th Apr 18, 6:34 PM
    Depending on the charge/restriction the solicitor should be asking whomever has lodged the charge/restriction to remove it. If it was a charge by a lender for a secured debt they should have been paid in full when the property sale completed. Until removed the Land registry cannot do anything. Ask your solicitor to clarify if its a charge or not, and if so who for.

    Good luck
    • Smodlet
    • By Smodlet 16th Apr 18, 6:50 PM
    • 2,908 Posts
    • 5,907 Thanks
    Smodlet
    • #3
    • 16th Apr 18, 6:50 PM
    • #3
    • 16th Apr 18, 6:50 PM
    ... Less of the "old", if you don't mind, OP . It sounds as if this is exactly what you pay your solicitor for. If you are using one of these online "Conveyancers 'R' Us" type firms, (guilty of so doing, m'lud) you might want to consider finding a "real" lawyer.

    Good luck.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • Cakeguts
    • By Cakeguts 16th Apr 18, 7:21 PM
    • 4,129 Posts
    • 5,777 Thanks
    Cakeguts
    • #4
    • 16th Apr 18, 7:21 PM
    • #4
    • 16th Apr 18, 7:21 PM
    If you solicitor is not doing this you need to find one that will. Did you use the estate agent's solicitor?
    • m0bov
    • By m0bov 16th Apr 18, 8:38 PM
    • 1,264 Posts
    • 857 Thanks
    m0bov
    • #5
    • 16th Apr 18, 8:38 PM
    • #5
    • 16th Apr 18, 8:38 PM
    Worth complaining and asking for a senior partner in the firm to investigate, this should have been picked up long ago.
    • ThePants999
    • By ThePants999 16th Apr 18, 8:54 PM
    • 1,091 Posts
    • 1,324 Thanks
    ThePants999
    • #6
    • 16th Apr 18, 8:54 PM
    • #6
    • 16th Apr 18, 8:54 PM
    A charge against the property is a condition saying that the title cannot be transferred (i.e. the property cannot be sold) without the consent of the person/company who registered the charge. It's used primarily for debts secured on the property, like a mortgage.

    When you come to sell a property with charges on it, you obviously need to make arrangements to clear them, which normally involves repaying the creditors out of the proceeds of the sale. But there's a catch-22 here: you can't satisfy the creditors and remove the charges without the money from selling the house, but you can't transfer the title without removing the charges. The way we work around this problem is the vendor's solicitor checks that the owners of the charges will agree to remove them if they get paid, and makes an undertaking (which is basically a formal promise, backed up by their status as a solicitor) to to the buyer's solicitor that the charges will get removed shortly after completion.

    So, it's basically the vendor's solicitor who's primarily goofed here, but your solicitor should really have been on their case about it much quicker than this!
    • Davesnave
    • By Davesnave 16th Apr 18, 9:37 PM
    • 24,799 Posts
    • 92,081 Thanks
    Davesnave
    • #7
    • 16th Apr 18, 9:37 PM
    • #7
    • 16th Apr 18, 9:37 PM
    Just to add that solicitors should have insurance in place for situations where they mess-up, big-time, so if this is solicitor-error, there will be an end to it.

    Now, having started your enquiries and realised the potential seriousness, don't let this drift. Be on your solicitor's case; you can't deal directly with the vendor's conveyancer.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • Katieking22
    • By Katieking22 17th Apr 18, 6:21 PM
    • 2 Posts
    • 1 Thanks
    Katieking22
    • #8
    • 17th Apr 18, 6:21 PM
    • #8
    • 17th Apr 18, 6:21 PM
    Thanks all, this is exactly what I needed my solicitor is a local one and I!!!8217;ve had good feedback from friends but I think jus because I purchased the flat so long ago I!!!8217;m no longer paying for their services so not a priority.

    The flat is a Tyneside flat so I!!!8217;ve managed to get a hold of the leasehold and freehold it seems there!!!8217;s a charge on the freehold dated to 2014 which relates to a former owner and it states the propertier is the bank of Scotland since this date so I can only imagine it relates to this, however this is me guessing. If the bank has took possssion of a property what does that mean for me? The freehold names are not the seller who sold the property to me.

    I!!!8217;ve asked my solicitor to tell me exactly what charge is on the property and what the hold up is so I!!!8217;m waiting with bated breath!
    • ThePants999
    • By ThePants999 17th Apr 18, 10:21 PM
    • 1,091 Posts
    • 1,324 Thanks
    ThePants999
    • #9
    • 17th Apr 18, 10:21 PM
    • #9
    • 17th Apr 18, 10:21 PM
    Did you buy the freehold, or just the lease? Normally, if a property is leasehold and you "buy" it, you're buying just the lease. If you only bought the lease, a charge on the freehold is no concern of yours, so I'd be getting pretty exasperated with the evasive solicitor!
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

2,667Posts Today

7,809Users online

Martin's Twitter
  • RT @MartinSLewis: Pls help stop people who are suicidal being harassed by creditors. People in hospital due to anxiety, depression & more?

  • RT @peterkmartin: Thanks @MartinSLewis after hearing you advise many times to switch energy providers, I finally got my finger out and have?

  • I've decided my weekend starts here while the sun's glow is still baskable. So I'm signing off. Have a great weeke? https://t.co/9FxNEpDs6p

  • Follow Martin