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.

Something about this isn't quite making sense, he can't just get the charge removed by sending a letter.

Yes, what he has done is very serious. Again I would want to know what the duties are on the land reg re reporting fraud to the police. I would also want to know whether, if there are duties on the land reg to do just that, if YOU have been reported on the basis of your ex husband’s allegations. I doubt the land reg would be able to advise you of this as it would probably fall under ‘tipping off’. I think you need specific advice about this. Obvs if the police do come knocking you will be able to refute the allegations fairly easily but I would hope your ex husband will be pursued.

Get your solicitor to state this - that the charge was applied and witness and signed by him.
he has applied to remove it and has withdrawn the charge without notifying you. State that all legal costs will come on top of your 50% including applications to replace at land registers and current solicitors costs.

tell him you want your legal costs back and get your solicitor to charge him

I will absolutely be complaining, too. I am throwing everything at this, and I am glad you find it hard to believe the cancellation of the charge was made so easily, too. I am living a bloody nightmare now. What a shit show. How is this possible to do so easily.

You'd think. I am in utter disbelief over it. 1 letter was sent. A form or something, apparently. He then submitted a statement as to why it should be removed. 28 days and no response from me, because i didn't receive it and that's that. WTAF.

I am staggered he has been able to do this so easily and make these allegations without proof. You will get it sorted but the amount of hassle, upset and costs involved make it so difficult

Obviously, it is a worry because, as you said. They could come knocking, and although I can provide evidence, it is still worrying. I absolutely hope they do pursue him for questioning as I am livid at not only his lies but risking me being arrested for something he knows I didn't do.

I have lodged this with the land registry, too, with the fraud department.

I am seeing my solicitor again on Thursday at 10 am. I will update you all afterwards. I am going to be patient reporting him until I see my solicitor again, but I am so tempted to call them. I may call tomorrow for advice.

I mean. Let's face it. One of us needs to be arrested for fraud. Either me for the apparent forging of his signature or him stating I forged it.

Keep us updated PP. We all want to know how this can be done so easily. Good luck with getting it sorted. Getting the felling your ex is a nasty piece of work and this probably isn't the first shit thing he has done.

Speak to your solicitor on Thursday and see what they say. Best of luck, I hope you get it sorted soon. Thank god you had the sense to check this all out before the house was sold

I am already dealing with some real difficulties in my life right now and could well do without the stress and worry of this and of course no one wants to pay for things they feel have been unjustly thrown at them and I absolutely can't afford to do this. But I must find the means. Credit cards. Ergh

Do you think that he intercepted the letter?

I had thought of that, but realistically, no. It was sent to my parents' address.

Just to say what a bloody awful situation and what a total twat your ex is! I am so sorry, I do hope you get it sorted. You must feel sick with worry but hopefully your solicitor can bang some heads together.

Obviously I can't comment on what happened to you. I hope it gets sorted quickly though.

There is a massive issue in this area. With Comapnies House (not the Land Registry) the biggest change in 100 years is about to take place to verify ID. (I have a case currently where we have applied to the court to remove my client's details as he was registered as sole shareholder and has nothing to do with the company and the only way to remove him as shareholder (rather than as sole director) is a court order.

It sounds like you are doing all the right things. I do remember (am not a property lawyer however) someone I know who had to agree to lift a charge to allow the property be sold which was the ex marital home but ont he basis of undertakings from solicitors to send the proceeds to the correct people etc. so this lifting of a charge to enable a sale if done properly (not when done improperly) does seem to be done.

Once a buyer is found it is essential the seller's solicitors (ex husband's) know that they will be sending half the proceeds of sale to the ex wife . They will need to do various ID checks and speak to the ex wife's solicitor once they all reach that point. Unfortunately people do frauds all the time on mortgages, companies house, land registry and I don't think the police want to get too involved although they ought particularly in those awful cases where one person owns a property and a fraudster impersonates them and sells it to an innocent buyer. I think in that case the innocent buyer gets the ownership and the person defrauded is left to try to recover compensation.

A "dealing" is just the name we give to an application. It covers various different types of applications but they are always dealt with in date order which is why I was saying to get one put on on the register ASAP while this is getting sorted. Anything that comes in after it eg a sale won't be able to processed until yours is dealt with.

FYI If you have a open dealing lodged, your ex will be able to find out if he asks. He won't be told automatically though.

Complaints process is here for when you're ready: www.gov.uk/government/organisations/land-registry/about/complaints-procedure
However, I don't think they will be able to tell you much about what we did/didn't do with regards to removing the charge. We'll investigate it and should take action if we did make a mistake but they won't give you details for fraud protection reasons.

Did you tell us you think it was fraudulent? If not, you need to.

@Seeleyboo keep a record of all additional costs you include e.g. solicitors fees, re lodging application etc. As @Pleper says make a complaint and make it clear you have incurred additional costs. There are some circumstances where Land Registry will pay compensation for financial loss for rectifying a mistake.

www.gov.uk/government/publications/rectification-and-indemnity/practice-guide-39-rectification-and-indemnity

The fact that fraud has potentially been committed may mean you can claim. As the letter went to your parents you may need them to swear an affidavit they never received the letter.

t sounds like you are doing all the right things. I do remember (am not a property lawyer however) someone I know who had to agree to lift a charge to allow the property be sold which was the ex marital home but ont he basis of undertakings from solicitors to send the proceeds to the correct people etc. so this lifting of a charge to enable a sale if done properly (not when done improperly) does seem to be done.

But in that situation what is to stop them switching solicitors?

Just a thought, but did the land registry send the original letter at around that time before Christmas when all the postal strikes were happening? That might explain why you never received it. If it was, you could argue that they should have known there was a chance it would not arrive and they were therefore negligent in only trying to contact you the once via a regular royal mail letter.

Yes. I did tell them it's fraudulent. I think I've emailed that many times that I hope they sit up. Are you able to tell me what LR should have done. Should it be 1 letter and nothing further. Or should it be 2 and then they check the electoral roll etc. On the statement it states. From LR.......OP has not responded and I suspect this is because she doesn't live there anymore so request granted. Surly that can't be right. In another sentence it states. LR have taken all steps necessary to ensure the OP receives the petition.

Around May 2022 apparently

I am finding it incomprehensible that a no response to an untracked letter permits a petition to be granted to remove a legal protection of someone's rights to an asset as large as a house. Sending an untracked letter to an address is definitely not taking all reasonable steps, within even the lightest definition of reasonable steps. And if the petition is to remove because it was put their fraudulently then surely the reasonable steps should be a higher test than a letter. It's utterly bizarre and pretty scarey for ex partners thinking their asset us protected until sale.

I agree @ClareBlue. I think that's a procedure that's ripe for judicial review in fact.

It is very troubling what fraudsters can do - even just looking at some of the examples here www.lawsociety.org.uk/topics/property/property-fraud

That’s quite a leap from one person not getting a letter to a judicial review.

The complaint will be reviewed and Land Registry may change their procedures. It is on their interest to reduce fraud.

Remember the op could have registered for the property alert service (free) and also asked for her email to be her contact address - emails tend not to go astray.