Help. He's selling my house

[Seeleyboo]

IKIABU posting here. But desperately seeking the most traffic. Long story in short. A charge was placed on an ex martial home. Both agreed. I have just seen the house up for sale and checked the charge, and it's been removed. I enquired with Land registry, who stated that they sent me a letter to agree or challenge. I had 28 days. I never received this letter, and I am desperately trying to get this charge put back on urgently until this matter is sorted to stop the sale. My question is. Has anyone ever challenged and won against a company when they didn't receive letters. Land registry are like a stuck record of....we sent the letter. Many thanks.

Some good advice on here about getting legal advice. I would also contact the Land Registry and ask them to provide proof that they actually sent the letter informing you that the charge would be removed if you did not respond. Proof of posting is not proof of delivery and they should have sent such an important letter by registered service so that they had proof of receipt.

I would imagine they would have needed proof the charge had been fulfilled ie paid or it would need a court order to remove it.

Get legal advice asap.

If you have the documentation I'd contact the estate agents its up with and let them know you have a claim on this house and they have put it up fraudulently and they must remove it. That way no sale can progress while you sort out land registry.

I wouldn't waste your time with the land registry now. They won't be quick to act, if they are helpful at all. If they've posted a letter that's all they need to do. Unfair and poor on their part but your remedy isn't in pursuing them.

You are better pursuing your divorce settlement with a solicitor. Was this written agreement made into an order of the court? If so, your exH needs to comply. I would be getting your solicitor to share the content of the order with the estate agents and conveyancing solicitors if you know who they are. If it wasn't an order and just a separation agreement then I would be issuing court proceedings urgently - this might give you another way of registering some kind of restriction against the property if there are contested proceedings.

But really you need to go and get proper legal advice as there isn't enough information in your posts to know what's best.

I work for the land registry. I can't give specifics/legal advice.

If you think the charge should not have been removed, write/email us to say that you think it was removed erroneously and that you object to the removal. Use the word object.

This will put a marker on your title and means that any apllications (sales etc) that come in after it cannot be processed until your application is dealt with.

However, applications are dealt with in the order they come in. If there are already applications pending, then your objection should be considered with them but might not be.

Your best bet is to phone up and find out if there are any other applications already on there and tell us that you object to those too. You'll be told to put it in writing but it should be noted.

We are striking on Wednesday and the phone lines are likely to be closed so do that today/tomorrow.

The charge won't have been removed without evidence. If you don't think that evidence was correct, then tell us why.

We have backlogs ATM so unless there is a reason to expedite any sales, you probably do have some breathing space.

We send out thousands of notices/letters
each day. 99% of them are sent as normal post. We will have a record we sent it.

Is your address for service correct on the register? It isn't our responsibility to keep that up to date. Not much use to you now, but if you do send stuff like that, you need to make sure it's actioned.

But yes, it's often easier to deal with a lawyer used to our processes.

You do all three, you write to the Land Registry as advised above.
You contact a solicitor.
You contact the agent

I would certainly call the estate agent and the land registry, but otherwise it really doesn't matter how much traffic you get here because you need to speak to and engage the services of, a solicitor asap. I would make enquiries this afternoon and ring around to find someone suitable with availability.

Even if legal professionals are on here they are not going to be able to reliably (nor should they comment even) on your circumstances as fact without first seeing all of your paperwork and the exact terms of the charge.

Although the agent has the least power here, I would start there because if you can get them to pull the listing, he won't be selling. So I would personally go in there and explain the situation - they won't want the hassle of trying to get a house through a sale with someone contesting the legality of it.

Then solicitor.

and great advice from @pleper

Good advice above. Alsoyo may be able to re-register the charge now or a new one may be? - if you were still in the house a spouse in whose name the house is not may register their right over the matrimonial home at the land registry. That might not be possible here.

The property selling might be very good news for you as long as you get your 50% share of course. Check if the agreement you mention from the divorce was a sealed by the court consent order or a court order on the finances as it would be important to be able to prove what was agreed at the time and divorce finances in England are either agreed and then the order sealed by the court or else the judge decies who has what and again a court order is sealed to that effect (with court stamp on it).

Agree this might be a good thing (about the house being sold), you should get straight in touch with the lawyers who are acting for your ex to alert them and then go to your own divorce lawyer to get a copy of the settlement etc (then ask both sets of lawyers to deal with each other directly).

You need to be quick - there are companies that buy pretty much immediate (one I just googled said 3 days). Of course they pay well below market value but if your ex was determined....

I'm having the opposite problem, no one will take responsibility to get a charge removed from my house so I can sell it! I'd ask the land registry what address they hold for you as I suspect your ex gave them a false one knowing this would happen. In the meantime, contact the estate agent and explain the situation and that you'll hold them legally liable if they continue with the sale

Thank you so much for this.

I have emailed, and it was sent to your lawyers who emailed back almost immediately, stating that I will have to apply to obtain another charge. All they keep saying is we sent the letter. Here is a copy etc etc. I keep saying I'm not disputing you sent it, but I didn't get it, and how was it sent. I don't know what evidence was used as they won't tell me. The address was correct at the time of them sending it. This is how I found out. I emailed to ask about change of address and was told there is no charge on the property. I am freaking out and feel helpless as the house is up for sale.

They may give the name of the preferred conveyancer, but nothing happens until the buyer instructs - unless it’s probate.

Definitely get legal advice. Can you lodge a complaint? I don’t know but in some things a complaint can stall the process.

Instruct a solicitor to apply to put a new charge on the property ASAP.

I am freaking out and feel helpless as the house is up for sale.

Up for sale does not mean sold, especially at the moment. You've had 2 pages of excellent advice on here - start taking immediate action.

Looks like the land registry have told you what to do- go to a solicitor and get a new charge put on the property.

Take down the sale board.
Refuse any appointments to view -
Change the locks - for security purposes - if he doesn’t live there how will they get in?
Stop panicking and start acting.

Why was the charge removed? You need to instruct a solicitor asap

I don't understand what's going on at all. Are you wanting to live on the house?
Otherwise I don't get why you wouldn't want the sale and get the 50% owed to you.

Anyway, I hope you get it resolved.

Because the legal notice which states she will automatically get the 50% has been removed, and as things stand her ex will be sent 100% of the proceeds.

Help-I have been with my partner (not married) for 22 years and we are separating. The house is in his name and I think that I am not entitled to anything is this true?

Probably.