Found a Charging Order on my deeds from previous owner - how do i get it removed so i can sell?

[intend]

Trying to sell our property and have discovered an equitable charging order was on the property prior to our purchase.

The previous owner, a company that has now been liquidated and the person placing the charging order now apparently deceased.

The Land registry has so far refused to remove the charging order.

 

We are at a complete loss has how to proceed and can see no way out of this deadlock.

 

Any advice greatly appreciated.

Regards

Intend

PS - If in the wrong forum, could a member of the site team please move.

[honeybee13]

Hi.

 

Did your conveyancer pick this up when you bought?

 

HB

[intend]

Think they knew but did not inform us as legal charge took precedent over equitable charge.

I know this is an issue but not sure how it helps us move forward.

 

Situation is complex, at moment would like to focus on going forward rather than backwards to the cause.

[BankFodder]

It seems to me that your conveyancer is seriously at fault here and they should be responsible for taking whatever action is necessary to remove the charge.

Before alerting them to any problems, I would start off by sending them an SAR so you can get full disclosure. I agree with you that you want to go forward – but I think you may need professional help and if your conveyancer realises that they have failed you, and they will probably be enthusiastic about trying to sort the problem out – and without any expense to you.

[intend]

Here is the rub, same firm handling sale now.

Is very helpful but little progress being made.

Hence plea for advice on how to move forward rather than look back. 

[dx100uk]

should have automatically been removed by LR upon sale surely?

 

contact the charge owner and get them to remove it if the charge is not in your name but the previous owner?

[intend]

With regard to your first point - As a layman that is what I would have assumed, but LR will not remove.

The charge owner is deceased so not straightforward. Not sure how to track them down. This does seem the obvious route but not sure how.

[dx100uk]

so a 'person' got the charge?

was this as a result of a court claim?

 

this could be fun... cause obv you'll have no legal right to the pers info of a past owner of the property?

 

what a situation...

 

what about the old company directors?

was this person one of them?

any others alive?

 

do you know the name of the company?

what is the date of the charge?

 

[BankFodder]

Well send them the SAR anyway. You need to get all the information you can on this. However don't imagine it's going to be straightforward and if you have got plans to move quickly – you better put them on hold.

Send an SAR – then fairly soon I think you should be making a complaint to the legal ombudsman. Although the company has been wound up and the person is deceased, there must be an administrator. You need to find out who that person is. I have a feeling that there is a public probate registry or something. I'm afraid this is beyond my experience

https://www.gov.uk/search-will-probate

[intend]

Thanks for replies, charge was result of a court case, I have no idea if the person was a director, more likely a creditor. Charge was place in 2011. 

Bankfodder - resigned to not moving quickly.

My only thoughts are to track down the estate of the deceased and attempt to get them to remove. Not sure if I have used correct legal terms. Looking for some help/advice on the process so we can move forward.

Very stressful.

[dx100uk]

why not also try to get details of the claimant for the court case?

once you know them, you might be able to get the charge removed by contacting them.

[intend]

Thanks DX, will try to get details of claimant from court case. 

What is the best way to do this - via the Land registry records of the charge or the court?

[dx100uk]

it's 10yrs old, not sure whose going to have records now.

you could try the court but ofcourse you were not the defendant.

and you don't what court it was , you could try northants bulk, you might get a friendly clerk that will help once they know the story, briefly mind

 

 

[intend]

Land registry might have details of the court as presumably it would ned court records to enter the charge

[intend]

Tracked down a couple of persons who might be the claimant on the LR records. Thanks to Bankfodder have searched the probate register and requested details. 

Also tracked down the court so will contact them to se if they have records of the case. Not sure best way to do this so hopefully someone will be along to advise the best route.

Thanks in advance as always.

Intend

[intend]

About to apply for documents relating to the charge from the Land Registry - they have sent detail of two documents - the application form and the court order - which might be useful.

Still to contact court - job for tomorrow, but still flying blind, not sure any of this will help but with no other option available it feels like I am doing something positive.

Intend

[dx100uk]

there is only so much you can do till you find your target, then it gets easier. 

so doing the £3 .gov.uk land registry search or the next part via the form you have to send? I forget been so long since I did it..

 

dx

 

 

[intend]

Thanks dx, just posted letter to Land Registry - Form OC2 and £14 for the two documents. 

[dx100uk]

that's the one.

 

dx

 

 

[intend]

About to read the LR Practice guide 31 - there guide to removing charges. No doubt full of legal language and probably nothing that fits my situation, but might throw something into the mix.

[hammyhound]

Your solicitor who acted on your behalf in the purchase should be doing this.  They should have got an undertaking from the seller's solicitors that all the charges will be removed.  Get your solicitor to get their file out of archive and do what they should have done.  They need to write to the solicitors asking for the equitable charge to be removed.  Why should you be out of pocket when the solicitors should have done the job they were supposed to.

[intend]

Thanks for reply - the solicitor who acted is trying. Are you suggesting the route forward is the solicitors who acted for the sellers (a now liquidated company) of the property we purchased. I am not sure it is that straightforward, surely the party who applied for the charge are the only ones to request removal.

Certainly worth contacting them for more information/assistance.

As Dx stated- a struggle until I get a definitive target to pursue.

[hammyhound]

Yes when you purchased the house the sellers solicitors would have given an undertaking to transfer with clear title ie no charges it will be them that your solicitor has to chase and if your solicitor has to charge for this work the sellers solicitors will have to pay as they clearly clocked up if you don't get it sorted you need to report them

 

BTW your solicitors are also at fault for not picking this up when they received the completion registration from the Land registry neglect on both parts

[intend]

Interesting, but getting it done is not going to be straightforward.

 

[hammyhound]

No it wont be a quick fix but you wont be able to sell until this is resolved anyway as the buck will fall to you to pay off the previous person's charge.

 

As I said your solicitors should be dealing with this.  What have they said when you told them?