Advanced search

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Can i remorgate a house that isn't on the land registry?

(8 Posts)
Pollyputthekettleon45 Thu 05-Oct-17 12:44:28

My nan died and left me her house. No mortgage. It isn't registered on the land registry.
It has been an emermous cock up from the start...the long and short is,
Probate will be done within a matter of weeks and we need to remorgate the house as it needs work doing.

I cant get hold of the bank and google isnt helping.

1)Once probate is done (my name)can i remorgate the house jointly? (Married)
2) Do i have to wait till the house is registered?
3)I am gifting half of the house to my husband, do I need to do that first before we get the remorgate?

Help me before I have a breakdown.

Picklepickle123 Thu 05-Oct-17 12:48:03

I'm sure someone will come along who is an expert... But in my eyes, speak to the land registry and bank separately to see what they say. From my limited understanding, banks will only mortgage/remortgage houses they deem fit for habitation, so not sure how the lack of land registry information will impact their decision.

Pollyputthekettleon45 Thu 05-Oct-17 12:54:57

Thank you pickle.

We was under the impression the land registry need to done first before probate can go through. But as of today probate needs to go through first before the land registry. Which is no help at all to me, because i dont know which is true and which is false!

Collaborate Thu 05-Oct-17 13:08:43

Probate must go through first to give the executors the necessary paperwork to be able to transfer the property. On transfer an application will have to be made to register the property at the Land Registry.

I presume you haven't got a solicitor, which is why you're asking this here. You must get a solicitor to do this. Without a solicitor the chances are you'll cock it up, and no mortgage lender will lend without a solicitor in charge of what will be their security.

CotswoldStrife Thu 05-Oct-17 13:12:14

You'll need probate first, and once you have that you'll have to register the property. Do you have the deeds at all? Save any bills that you find because they may be useful in registering your claim, especially any extensions or planning permissions that have gone through the council. Also, if you have any neighbours that bought at the same time then ask if they have a copy of their deeds.

We had this and the solicitors had lost the deeds which made it trickier.

fucksakefay Thu 05-Oct-17 13:21:58

Probate first.

The gift transfer to joint names, mortgage and first registration can all be simultaneously but as collaborate says really must use a conveyancing solicitor to do
I had trouble getting a mortgage on a property i inherited a share of and was transferring to joint names as the mortgage couldn't get its head round I already owned 1/4 under the will and needed to buy 3/4 and kept asking where the deposit was coming from and asking my dead relative to fill in a gift form hmm

Namethecat Thu 05-Oct-17 13:28:33

Not a legal bod - but in order to be able to sell my late mothers house I was informed that as her executor I could put the house on the market but probate had to be granted in order for the sale to go through, I would think in your case the house would have to be in your name as it is your remorgage not the deceased.

Pollyputthekettleon45 Thu 05-Oct-17 13:31:07

Thank you all!

Yes we have got a solicitor, they are the ones who have cocked it all up.

There is only me, im an only child so was told it would be straight forward (hollow laugh) its been almost 5 months and nothing has been started..untill today when I found out.

We have the deeds. Well the solicitor has the deeds. Probate needs to go through first? Then i can gift my husband half? Then the remortage? Its all being done quickly, strings are being pulled and favours are being called in...apparently.

Join the discussion

Registering is free, easy, and means you can join in the discussion, watch threads, get discounts, win prizes and lots more.

Register now »

Already registered? Log in with: