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.

Thank you @titchy for explaining.
But surely if the money went to him he'd still have to give op half?!

@Pleper am I reading your processes right, in that all you do if someone says the charge should be removed is write to the chargee?

That doesn't sound very robust.... Could I write and tell you I've paid my mortgage off and therefore you should take my mortgage company's charge off? And if I'm lucky and the letter you send to them gets lost I've got my house for free?

Yea but I doubt OP wants a further court case to get it. He also might have used the entire proceeds to buy a new house which would be a nightmare to liquidise. Why should she spend thousands in legal fees?

Understood. Thanks again.

Jeez op get on to a lawyer!

No. Otherwise, everyone would be saying they'd paid it off! 🤣
It is a robust, legally sound process.

OP- I can't comment on your case or why we are saying what we are saying. It doesn't quite make sense with what you've posted, but definately speak to a lawyer who will look at your individual circumstances.

This

Go to a solicitor and discuss getting a new charge put on. Also discuss them sending a pre-action protocol (pap) letter threatening judicial review as it was unreasonable for them to remove the charge without ensuring you were aware of the change, and then further compounding this by refusing to correct this when you contacted them and told them you objected. It shouldn't matter, but a pap letter is really effective at getting things done!

@Seeleyboo Is there a mortgage on the house and do you know that your ex-h is selling the house?
Where there is no mortgage, tenants have been selling houses, it's very scary - it is important to have your e-mail address filed with the Land Registry.
Once the electronic entries have been made, the property belongs to the new buyer.

www.lovemoney.com/news/64987/property-hijacking-scam-can-tenants-renters-sell-home-land-registry

Just to say I have had to contact the Land Registry re a missing letter in the relatively recent past - in my case they just sent out another copy, but this doesn't help you I know sorry.

Also everyone should be signed up to the Land Reg property alert service.

It automatically emails you whenever something changes on your title plan. So you'll know if someone is doing something on it that they shouldn't be.

It's free and you can put your own address on, your rental properties, your parents etc.

www.gov.uk/guidance/property-alert

I mean your Title.

Your ex must have committed fraud to have the charge removed if the debt has not been settled. I suspect he is behind you not receiving the letter too. I would contact the land registry fraud team:
[email protected]
Telephone: 0300 006 7030

You need to start your own thread. But yes, this is how it normally works when you don’t marry. Sorry.

I don't live on the property. He does

I am happy for it to be sold, but the charge was meant to stay in place to ensure that I got my 50%

A massive thank you to all of you. You all have been wonderful. I have instructed a solicitor who has written to Land Registry, the ex, the agent, and tracing the conveyancing solicitor. I have to sit and wait now to see their responses. God I feel so sick.

It will all be fine, good for you for taking the bull by the horns and thank god you realised before it was too late. Hope all goes smoothly

Yeah. Do this.

Never knew this, thanks. Advising all my UK friends of this. That's really useful advice.

Yes. How was the charge actually removed. The advice is that it is a legally robust process but it seems to be able to be done not legally by just ensuring someone doesn't get a letter. If he sold and pissed off abroad, for example, what chance of recovering the 50 perc owed and at what cost. What is the actual process for getting it removed and why could he do it without a response from the beneficiary of the charge. No response to a non tracked letter seems a fairly rubbish criteria for removing entitlement to half a property value.

The other top tip for Land Registry is to add an email address as one of the 3 permitted addresses. www.gov.uk/registering-land-or-property-with-land-registry/update-or-correct-the-register

You will be notified of any applications or official searches against your property. Particularly useful if your house is empty for any length of time as an email can’t be intercepted in the same way as snail mail. I recommend you advise parents & grandparents who may be more vulnerable.

Yes to adding an email address but no, you don't get notified if someone makes an official search on your property. It's public information.

@Pleper sorry for the incorrect information, I thought official searches rather than searches did trigger a notification as they are normally part of the conveyancing process.

Hope you get it sorted OP. Sounds incredibly stressful

Glad you have appointed a solicitor who has written to everyone concerned - it should be fine now. In fact if it is sold and you get your half that is even better really. Do make sure the solicitor is given a copy of your divorce financial order/agreement too.

I am registered with the Land Registry for their alert service which is very useful.

On if you want your email address on the public register I am not so sure. We in our family have deliberately chosen NOT to do that for reasons of confidentiality. However I can see the pros and cons of it. If you search my house you see my name as owner, but not an email address.