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Mortgage and legal charge not perfected


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Sorry for my english as I'm not fluent.

I've a mortgage. The bank says that "the legal charge over property has not been perfected, this appears to be due to an outstanding service charge payable to site manager". I checked the Land registry and there I found :

"C: Charges Register

This register contains any charges and other matters

that affect the land.

1 (18.04.20**) REGISTERED CHARGE dated 22 March 20**.

2 (18.04.20**) Proprietor: ********* BANK PLC (Co. Regn. No. **********)

of *******Loan ********, PO Box No *******, ***********."

The question is: the charge exists or not? can I sell the property? thank you

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It looks like there is a charge on there beforeyou bought the house. This may mean that you didn't have clear title on purchase. You need to speak to the solicitor who did the work for you. Yes you can sel lthe house but will have to pay the mortgage and the charge. If the charge is nothing ot do with you then see about getting it removed.

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It looks like there is a charge on there beforeyou bought the house. This may mean that you didn't have clear title on purchase. You need to speak to the solicitor who did the work for you. Yes you can sel lthe house but will have to pay the mortgage and the charge. If the charge is nothing ot do with you then see about getting it removed.

 

^ Gizmo sounds exactly right here Gunny - what may well have happened is that the previous owner didnt have enough equity in the sale to clear every charge and thus this one has been left on there for you to clear.

I asked a question for you of a conveyancing solicitor of my aquaintance and the (ahem) "professionally guarded" reply was that the onus was on YOUR solicitor to have a) discovered the charge and become aware of the previous owners inability to clear it (by asking the correct question of the sellers solicitor), and b) to have informed you of the situation BEFORE exchange of contracts took place.

I cant comment more than that on why its there, better minds hopefully will :) - but I think as a first stop you should write to the solicitor who handled your side of things and, including a copy of your title from the Land Registry, simple ask him to explain to you whats happenned.

 

Heres a suggestion for you - others may offer additions / corrections / better versions

 

Your name

Address

 

Solicitors Name

Solicitors Company name

Address

 

Date

 

Dear xxxxxx,

 

I refer to the Title Document recently issued to me for my property by the Land Registry, of which I enclose a copy.

 

On checking the document, I have noticed that I have what they note as being "an outstanding service charge payable to site manager".

 

You recently handled my purchase of ( the property address ) (exchange date: xx / xx/xxxx, completion date xx/xx/xxxx).

Could you kindly explain to me by return what this item is, and how it relates to my purchase, as I was not aware that any other charge should be on my property except that of my mortgage with (xxxxxxx) as noted in the Charges Register at (number of your Mortgage Charge, which SHOULD by the sounds of it be 1.)

 

Yours Faithfully

 

 

Your name, signature

 

If your mortgage is NOT at 1. in the Charges Register - dont worry unduly at this stage, but it would be good if you could confirm where it is.

 

All the best

 

Mo

In knowledge lies wisdom

 

Mo - not even a bar-stool lawyer, but I'll help where I can...

 

 

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