Body & Soul2 mins ago
Land Registry Problem.
My ex hubby paid off the mortage 5 years ago and was sent the deeds. We divorced in July this year and we both agreed for me to keep the home and he keep his retirement money etc. I've been waiting since July for him to sign the house over to me but both our solicitors are saying there are 2 charges on the land registry both from 2001. Even tho' the Halifax have confirmed there are no charges owed our solicitors are disagreeing. I honestly dont know what to do. The house is freehold btw. Any advice appreciated.
Answers
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When I came to sell a piece of my garden to a neighbour a couple of years ago, I faced exactly the same problem. Our (joint) solicitor discovered a charge registered against my property, despite me having paid of the mortgage in 1995.
I had to do a lot of hassling (
I had to do a lot of hassling (
23:20 Mon 01st Oct 2012
Hi factor30, Both of us have done that but, all our solicitors say is there's 2 charges outstanding. They dont know how much these charges are supposed to be and, as I told my solicitor yesterday..surely if these charges are from 2001 my ex would'nt have been given the deeds when he paid off the mortgage. She did'nt reply and just told me to be patient but I want take my ex's name off my will which I cant do until the house is in my name.
When I came to sell a piece of my garden to a neighbour a couple of years ago, I faced exactly the same problem. Our (joint) solicitor discovered a charge registered against my property, despite me having paid of the mortgage in 1995.
I had to do a lot of hassling (particularly as the Woolwich Building Society, to whom the charge was registered, didn't even exist any more!) but I eventually got Barclays (who had taken over the Woolwich) to confirm to the Land Registry that the charge should have been lifted.
In your case the solicitors are obliged to go by the Land Registry records, so you need to get the Halifax to formally remove the charges (rather than simply state that they shouldn't exist). So you need to keep hassling the Halifax. (Remember to make it clear that you require them to complete the relevant paperwork for the Land Registry and NOT to just send a letter, to you or to anyone else, simply stating that they don't recognise the charges).
If you still experience problems, threaten to involve the press. It's amazing how often that speeds things up!
Chris
PS: It could be worse. Several months after I'd paid the mortgage off the Woolwich tried to repossess my house because I'd not been making the monthly payments!!!
I had to do a lot of hassling (particularly as the Woolwich Building Society, to whom the charge was registered, didn't even exist any more!) but I eventually got Barclays (who had taken over the Woolwich) to confirm to the Land Registry that the charge should have been lifted.
In your case the solicitors are obliged to go by the Land Registry records, so you need to get the Halifax to formally remove the charges (rather than simply state that they shouldn't exist). So you need to keep hassling the Halifax. (Remember to make it clear that you require them to complete the relevant paperwork for the Land Registry and NOT to just send a letter, to you or to anyone else, simply stating that they don't recognise the charges).
If you still experience problems, threaten to involve the press. It's amazing how often that speeds things up!
Chris
PS: It could be worse. Several months after I'd paid the mortgage off the Woolwich tried to repossess my house because I'd not been making the monthly payments!!!
I know it is being wise after the event but I think it is wise that you get an up to date copy of the land certficate after a significant event has happened eg a mortgage paid etc.
I jointly own a house with my father and he is NHS funded at present in a nursing home.
I know the council has put a caution on our property in case he does not qualify for NHS funding in the future and he has to have social funding.
If I then sell the house before he passes away the council could be entitled to some of the proceeds.
I am not selling the house before he passes away so I will make sure I get an up to date land certificate when I inherit the house.
I know this will cost a few £'s but if the caution was there say 15 years later and I was wanting to sell delays may happen as I know councils move at a snails pace.
I jointly own a house with my father and he is NHS funded at present in a nursing home.
I know the council has put a caution on our property in case he does not qualify for NHS funding in the future and he has to have social funding.
If I then sell the house before he passes away the council could be entitled to some of the proceeds.
I am not selling the house before he passes away so I will make sure I get an up to date land certificate when I inherit the house.
I know this will cost a few £'s but if the caution was there say 15 years later and I was wanting to sell delays may happen as I know councils move at a snails pace.
One mortgage is with the Halifax, who has the other charge?
Often when you pay-off a mortgage the lender will take the balance on the account down to £1 and not discharge it at the Land Registry. This makes it easier to borrow money from that lender in the future as you will not need to sign or register a new mortgage deed. If the Halifax (and the other lender) say there is nothing owing then either the lenders can discharge the mortgage directly at the Land Registry or your solicitor can prepare a simple form for them to sign and then send to the Land Registry to discharge the mortgages and remove them from the register.
Have you spoken to these lenders yourself or are you relying on what your ex-husband has told you?
Often when you pay-off a mortgage the lender will take the balance on the account down to £1 and not discharge it at the Land Registry. This makes it easier to borrow money from that lender in the future as you will not need to sign or register a new mortgage deed. If the Halifax (and the other lender) say there is nothing owing then either the lenders can discharge the mortgage directly at the Land Registry or your solicitor can prepare a simple form for them to sign and then send to the Land Registry to discharge the mortgages and remove them from the register.
Have you spoken to these lenders yourself or are you relying on what your ex-husband has told you?
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