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 for commenting. No one seems to be listening at land registry when I state this. Literally all I get it. But we sent the letter. Here is a copy. I feel utterly powerless atm and my stress levels are so high my head hurts.

This was a number of years ago. The property alert and email alert wasn't available then. I also had no idea about this notification system until this thread

@Seeleyboo fair point, property alert was only introduced 2014.

I still think a jump to judicial review from the current position is missing some steps.

No I can't unfortunately. Be assured though, it isn't just a case of your ex sending in a letter and us posting you something. Otherwise, like I said above, everyone would do it if it was that easy!

It isn't in anyone's interest to have systems that are easily abused or worked around.

From what you've said, you have all the paperwork in order so hopefully it is straightforward for you.

It's not really, when the system went electronic, the rocket scientists at the Land Registry decided that security wasn't that important and when an 'innocent' purchaser acquires your house for a knock-down price, it's legally and irreversibly theirs.

@Misunderestimated digitisation allowed the introduction of the property alert system and to have an email address on the register as one of the 3 permitted addresses.

These two free services have helped prevent fraud not facilitate it.

People who chose not to use these free services, nor the Royal Mail post redirection service, means the only way to communicate with the property owner is via snail mail. When a property owner leaves their property empty for significant periods it allows fraudsters it intercept snail mail and commit fraud. None of this is Land Registry’s responsibility.

Did the Land Registry explain the changes to everyone who owns a property outright?
Many people do not leave their property empty, it is in use by tenants or family who may or may not have the owner's best interests at heart.
I had never heard of a property becoming someone else's legal property under the old system, now it seems to becoming increasingly frequent.
If a new process increases or facilitates criminal activity, I can't believe that it's fit for purpose.

@Misunderestimated as far as I am aware digitisation did not change who legally owns a property.

This type of fraud has always existed.

What evidence do you have for your claims digitisation reduced security and has facilitated more fraud?

As I have said going from one missed letter straight to judicial review is a very big leap. To do that you would completely by pass the complaints process www.gov.uk/government/organisations/land-registry/about/complaints-procedure which includes the Independent Complaints Reviewer (ICR)
www.icrev.org.uk

The ICR annual reports are interesting reading www.icrev.org.uk/wp-content/uploads/ICR-Annual-Report-2022.pdf

Are you able to help me as I too find this leap astonishing

@Seeleyboo there are three issues here.

1. Making sure the Charge is reinstated - your solicitor has taken action to do this. All you can do is wait.
2. Making sure you get your £ if the property sells - again your solicitor has taken action to hopefully ensure this happens. The only other thing you can do is sign up to the Property Alert which I believe you have done and keep a watch on the progress of the house sale.
3. Understanding what happened. I would keep this separate.

As I previously posted “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”

I would lodge a complaint with Land Registry www.gov.uk/government/organisations/land-registry/about/complaints-procedure including an FOI request for a copy of the procedure to remove a Charge. Make it clear you have and will incur costs because of a fraudulent application to remove the charge.

If you are not happy with the response escalate to the ICR.www.icrev.org.uk/

Land Registry are usually transparent about their processes and so should advise how many notices they issued and what evidence they needed.

One thing you need to do is, because the contact address held by Land Registry was your parents address, double check with your parents that they never received the letter and would sign an affidavit to that effect.

@Seeleyboo I should have said remember your ex made a fraudulent application, Land Registry do have checks in place but fraud is fraud and sometimes difficult to spot.

@Seeleyboo how did you get on at the solicitors? I hope they’ve been able to give you some clear indication of what’ll happen now, your ex sounds like a total and utter arsehole for what it’s worth!

Any updates?

Hope you got this resolved @Seeleyboo !

I thought I would update you all.

I managed to place a charge back onto the property, and his objection was rejected.
The witnesses were contacted through my solicitor and confirmed that they did indeed witnesses my ex H sign the papers.

Police were also notified.

I have since had an offer, but I have rejected it.

The house is SSTC so he needs to bring a better offer to the table before I sign for it to sell.

I'll keep you all updated.

Glad to see this update!

Did you complain to the LR?

Well done. Stressful times but hopefully all will be resolved soon. At least you are alert to his devious methods now.

Good for you!

Yes. I was rejected both times stating they sent the paperwork. I have one appeal now.

@Seeleyboo have you asked for a copy of the correspondence to check address etc.? Essentially a SAR

Well you're lucky because the agents lied about viewings being arranged and cancelled on mine, got themselves right into the thick of it.

How much money are we talking here exactly ?

The legal bill for ours was £50,000 the only winners in these situations are the lawyers. Avoid court.

Thanks for the update and good luck with negotiating what the ex will pay you etc.

Anyone on the thread who owns a house and has not already done this do register with the Land registry for alerts. I got one this week by email which shows the system works (I paid off my mortgage so I knew exactly why the Land Registry had been contacted by my lender - no fraud in my case; but it is useful service).

Someone mentioned the old days this didn't happen. Some of the UK is still "unregistered land". My father when very old for his bought last bought 1961 had it registered to make sale on his death easier (which was wise). For unregistered land you have to have the title deeds. My father had them in his office for all those 50 years. I suppose the obligation to produce them is probably harder for fraudsters than registered title but I suppose anything can be forged if people are determined.

God, @Seeleyboo - it's not just about whether they sent the damn letter, is it? It's about whether they followed their own processes!

Not even just that, it is also whether those processes are adequate

Apparently, all they have to do is send a letter. Not even registered. Very worrying.