Property sale (Sept 2020) not filed with Land Registry ***Resolved***

[Northdowns]

Hi all,

 

(please move if not the right section for this)

 

Summary: Current house was purchased in Sept 2020, but the change has not been filed with the Land Registry.

 

As above, we moved into our current house in Sept 2020, and tabled a remortage to secure a better 5-year fixed rate for 18-months after, when we saw how the economy was going. The money for this was secured (booked) 3-4 months ago and will expire early Jan 2023 if we don't progress the option.

 

The paper work has all been filed over the last couple of months to progress this, but we have come up against a snag - the Land Registry does not show we are the current owners, but the propertty IS registered - so the mortgage company have put things on hold. It appears the paperwork was never submitted to the LR by our Solicitors we used to carry out the conveyancing of the sale of the house.

 

We have approached them (the Solicitors) to correct, and they have admitted this is the case (something to do with a person leaving bla bla), but that the documents were '...originally submitted in 2020 but were incorrect, resulting in pushback from the LR that wasn't answered for 2 years...', and that they will resubmit for us. Sounds like Bull to be honest.

Today, having contacted the Land Registry directly they have confirmed that they cannot see a submission from 2020, but can see one from Sept 2022... which is just sitting in the queue. Timeline for processing is around 6 months at the moment. We will see if we can push this independently, but we have no way of knowing if this has been submitted 'correctly'.

 

Clearly, we are worried that:

a) our immediate financial outlay will substantially increase (roughly £800 a month to give you an idea) if this does not go through prudently.

b) we may lose the fixed rate we secured, and be subject to the current market conditions, leading to a long-term increase in financial outlay.

 

We physically have the deeds - I believe the originals - as property established in 1955 upon creation of a new road in Richmond Upon Thames.

 

So, what I would like advice on is:

 

1. what should our next steps be..? 
Clearly, the most hopeful course of action would be for the ex-solicitors to have submitted the change correctly and the application go through cleanly (property is already registered), leading to use being able to complete the remortgage shortly. But if not..? How do we keep the pressure on..?

 

2. do we have any financial recourse due to the Solicitor's apparently ineptitude, for either the potential increase in outlay, or the emotional stress, or the time wasted on our behalf etc ..?

 

3. can me make the Solicitors hurt long term in any way - Ombudsmen etc... so that then get the message to be better in the future...?

I am aware that Solicitors operate in a highly technical regulated environment, so this kind of administrative sloppiness should not go un-noticed. Both of us are successful career professionals in our respective fields of operation, and expect to get what we pay for  - 100%. We have never tolerated professional incompetence.

 

If there is the opportunity, at what point should we do this ^^ - obviously trying not to impact (1)

 

4. Are there any documents that we can present in lieu of the Land Register to the remortgage company that they should 'accept' as satisfactory proof of ownership.
 

Thanks in advance. Sure I've missed some vital piece of info, so just ask if anything needs clarification.
Rich

 

 

 

 

[Northdowns]

Well, interesting development - when the Solicitors submitted the case again back in Sept 2022 they entered it for an 'expedite'. This was actually accepted by the LR people so initiates a guaranteed processing time of 10 days, apparently.

 

This was, of course, far exceeded, so a snotty letter has been sent reminding them of what they are committed to and the case has now been processed, done and dusted. We just got the good news

Edited November 18, 2022 by Northdowns

[Andyorch]

Well done Northdowns...topic title updated.

 

Andy

[Northdowns]

thanks Andy 

Edited November 18, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

well done