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.

Plot twist. He has accused me of fraudulently putting the charge onto the property. I have proof I didn't. I am going to notify the police now as effectively he has committed fraud by saying he didn't sign it. Ergh.

Only notify the police if your solicitor tells you to do so as what you really want is the house sold and your share givn to you via the solicitors, rather than the house or the monies frozen for ages whilst an expensive disputes goes on.

Your signed agreement ideally sealed by the court on the divorce is absolutely key in all this. That will have been approved by the court and is legally binding.
It will set out your entitlement to half the house etc and state if the divorce settlement was a clean break etc etc

Without a charge on the property there is currently nothing to stop him making off with all the money. Agents might be wary but a solicitors letter by itself doesn’t stop them paying out; it is just a letter. I would be inclined to involve the police before he by-passes the agent and conveyancing solicitor who have been written to and sells below market price to a company that makes immediate purchases.

Useful advice re Land Registry alerts-thanks!
The poster who is worried about her email address being public - ridiculous -just use a specific one if you are paranoid nervous

A lawyer is more help right now than police. Fortunately, if you are the truthful one and he is not, he will have to bear the costs of litigation. Id be contacting the best conveyancing solicitor I could find. He could lose everything he has in the property, haha.

Would it not be him who would be expected to go to the police, not you? Id agree with Xenia about telling your solicitor.

I'd agree you just need the existing agreement to be carried out. If he's accusing you of fraud he's the one who is changing things.

So although he is accusing me of fraud by saying this, he is committing fraud on the documentation to cancel the charge.

If he has committed fraud, you should report him to the police

How did he manage to get the charge removed though? How could he satisfy the land registry the entry was incorrect? He couldn’t just write to them and say that, there would need to be proof and I would have thought ideally a criminal conviction against you in relation to the fraud before that could be done. Do you know what he actually told the land registry to get the charge removed?

I bet you anything that the police will say that it's a civil matter.

Focus on working with your solicitor on getting the charge reinstated.

Surely if the Land Registry had fraud or suspected fraud of the Registry reported to them there would be a statutory duty on them to report the matter to the Police???

I think this should be mandatory when charges etc are put on land and property. Definitely when it is a charge after a separation. Thanks for advice I'm spreading the word.

Lawyer should be able to sort it out as long as the original paperwork is in order.

Would still love to know how you can just remove a charge like this. What do you have to prove to land registry for them to do it and what checks do they do other than write a letter which is not tracked. You are talking about huge assets here, so surely there must be some legal checks.

Understandable. You can't "hide" anything on the register so if it's on there and someone buys a copy, they will see it.

However, you must have at least one postal address for service which arguably is more sensitive data (especially if you don't live at the property).

It really is in your interest to have an email address on there too. You'll still get any physical notices/letters but they'll also be emailed to you.

Are you at least signed up to the property alert service?

There are secure and thorough processes by us and other organisations. Obviously I can't tell you them though because otherwise fraudsters will exploit them/find their way around them (and I'll get sacked). 😊

Yes. I saw the statement. He said I had fraudulently attached the charge, and as I didn't respond because i didn't receive the notice, he was able to remove it.

You'd think right. I am gobsmacked. 1 letter. No response. And done. And all I keep getting back from land registry is. We sent the letter. Attached is a copy.

I'm not sure that's the case here. 1 letter sent. That's it. Now, I am having to instruct and pay for a solicitor. Contemplate police intervention and all land registry keep saying. We sent the notice. Well, I didn't receive it. Ahhh, attached is a copy then.

On what basis did he say you had fraudulently attach the charge? He must have provided more detail? Did he say fraudulently or incorrectly? I can’t see how if he alleged fraud the Land Registry would receive an allegation of a fraudulent entry on the register and it wouldn’t be taken further. A fraudulent entry on the register would surely be a criminal offence?

@Seeleyboo estate agent here

I’m wondering how the agents got this through their anti money laundering process? When we put a house up for sale we need ID for all parties named on the deeds as the registered owners otherwise it can’t go for sale this is checked against the Land Registry Title Document.

Am I right in thinking you wasn’t named as a registered owner hence the charge? The police won’t deal with this matter as they will say it’s a civil dispute hence why you need to get a solicitor to put the charge back on.

He stated I filled out the charge form and forged his signature. I am also baffled as to why I haven't been asked if I had done this.

I don't think it's civil as he has put false information on a legal document that's states underneath his signature if you give false information bla bla you're liable to up to 10 years in prison. Now, by him saying. She forged my signature on the original charge, which is false. He is stupid really because the separation agreement refers to the document in question, and he signed that on the same day with 2 witnesses. That's how I can prove I absolutely did not sign the 1st charge.

I'm not on the deeds. Hence, the need for the charge.

Take your solicitor’s advice on this obviously but given the serious nature of this allegation I cannot believe the Land Reg just send one letter and if they don’t get a reply go ok take it off the register. Particularly when charges are often added to the register as a result of a divorce!!! I would want to know whether or not a complaint should be submitted to the Land Registry about this, in fact I absolutely would be submitting a complaint.

I am just as baffled as all of you lovely helpful people. How can 1 letter be sent via Royal Mail and not received and a statement saying. She forged it end so abruptly. How is this making any sense.

I am a nervous, angry wreck as I can't seem to make Land Registry see beyond.......We sent the letter.

As it stands. Land registry has placed a marker on the property. I think they called it a Dealing. I could be wrong. While under investigation, I've been assured it won't sell.

Estate agent,Land Registry, and the EX should get their official letters tomorrow.

He is so stupid because I'm sure his signature can be checked if it's real or not. And obviously. It's real.