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Bought piece if land from neighbour, but he died before completion :-(

7 replies

Gardenhelp · 01/07/2014 18:14

Will try and keep it as brief as poss :)

There is a small bit of land behind our garden which belongs to our NDN. We approached him to ask if he would sell it and he agreed. We paid him and the appropriate forms were sent in to Land Registry. It became a very long winded process because the LR returned the application to us because his mortgage provider hadn't signed (think he'd forgotten he had one!), gave us some extensions, and NDN was in and out of hospital. His mortgage provider agreed that the land could be sold but before they sent back the right form (so it could be sent to the LR), unfortunately and very sadly, the neighbour passed away.

We are now in limbo. We have asked the family to let us know if the mortgage provider return the form or contact them about this at all. Haven't wanted to hassle them at all. He had a lifetime mortgage, so I believe his house gets 'repossessed' and sold by the mortgage provider on his death. Today there was a visit from someone that looked like an estate agent.

Where do we stand? We have paid for the land. He did agree to sell it to us and the mortgage provider was aware of that, as were his family. The Land Registry could not keep extending the application so had to cancel, suggesting that we resend it once the form was returned by his mortgage people. I have put on official search on the piece of land to 'protect' it for six weeks but don't know if that will help (in fact, have not heard back about it either).

What can we do without disturbing the grieving relatives too much?? I have put another note through the door (have no other way of contacting them) asking them to get in touch about it.

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Collaborate · 01/07/2014 18:55

I think it's about time you instruct a conveyancing solicitor to sort it out for you. I suspect you wouldn't be in this position if you hadn't tried to save some money doing it yourself.

Gardenhelp · 01/07/2014 19:52

Thank you for your reply. Do you think a conveyancer would be able to save the situation from this point? Is there more they could do that we couldn't?

It was a very low value sale (property and land is cheap here) and appeared to be a straightforward situation at the start, which is why we dealt directly with the LR, having had two successful experiences of doing so in the past. We weren't trying to do the conveyancing trade out of much business Grin

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Gardenhelp · 01/07/2014 22:20

Bump

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MidniteScribbler · 02/07/2014 06:34

Can you lodge a caveat against the property? The family will suddenly be interested in talking to you if they can't sell the property. And please do use a solicitor or conveyancer and get them to deal with it.

Collaborate · 02/07/2014 08:37

The point is, a conveyancer will know what can be done to salvage things, You don't. You're scrabbling around in the dark.

Gardenhelp · 02/07/2014 15:49

Update.
Have made contact with family who are totally supportive, fully aware that their dad had sold it to us, received the money, and signed the paperwork. They will chase up the MP.
I also spoke with LR who were very reassuring, saying that because neighbour had signed the transfer of deeds, the MP had approved the sale, and it was the final form form the MP that was pending, the application can still be resubmitted.
So big sigh of relief and a big glimmer of hope. Will now keep fingers crossed that MP have started moving on that form slowest mortgage provider in history, have delayed this for months

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Gardenhelp · 02/07/2014 15:51

NB the LR were pretty laid back about this because it was such a low value sale and therefore complications such as ID verification were not necessary (plus we had complied and submitted an independent valuation).

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