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.

First time buyer woes

Options
Hi everyone, I’m 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. I’ve not got the deed to the property yet and my solicitor has been pretty evasive so far. Finally they have admitted they’ve not been able to register due to a charge against the property.. great what does that mean! I’ve done some googling but am still a bit unclear and I’ve rang to speak to the land registry who’ve told me my application will be cancelled for the second time if they don’t provide proof of discharge of the charge on the property and it’s down to my solicitor to chase the sellers!

I’m 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 can’t arrange for it to be discharged...

I’m a totally newbie at all of this so would appreciate some sage old advice

Thank you

Katie

Comments

  • Mermaid89
    Mermaid89 Posts: 107 Forumite
    Options
    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
    Smodlet Posts: 6,976 Forumite
    Name Dropper First Anniversary First Post
    Options
    ... Less of the "old", if you don't mind, OP :D. 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.
  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    First Anniversary Name Dropper First Post
    Options
    If you solicitor is not doing this you need to find one that will. Did you use the estate agent's solicitor?
  • m0bov
    m0bov Posts: 2,524 Forumite
    First Anniversary Name Dropper First Post
    Options
    Worth complaining and asking for a senior partner in the firm to investigate, this should have been picked up long ago.
  • ThePants999
    ThePants999 Posts: 1,748 Forumite
    First Anniversary Name Dropper First Post
    Options
    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
    Davesnave Posts: 34,741 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Options
    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.
  • Katieking22
    Options
    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
    ThePants999 Posts: 1,748 Forumite
    First Anniversary Name Dropper First Post
    Options
    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!
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards