Charge on a property - who takes it off?

[PontypandyPioneer]

Hi, hoping someone can help!

We completed on our house in April 2018. Came to remortgage this year and the new mortgage company's solicitor informed us that there was still a charge on our property (from the previous owner). This means we can't remortgage until it's taken off. We do have a new mortgage offer.

The solicitor that we used was informed about it 8 weeks ago and it still hasn't been taken off. They say they've been in touch with the other solicitor and all paperwork has been sent to land registry. We're now on a variable rate for our mortgage and it's costing us £400 a month more than what our new mortgage will cost once this has been sorted out.

My question is - who's responsibility was it to take the charge off? Our solicitor is putting the blame on us and saying we should have checked the deeds! However I think that's what we pay a solicitor for and they should have done it? Happy to be corrected!

Also, does anyone happen to know how long it takes land registry to take the charge off?

Think that's all the info needed...hoping someone can help..thanks!

The seller's solicitor deals with the discharge of the previous owner's security but it is your solicitor's responsibility to make sure it is done
Definitely not your responsibility

You can also ask the land registry to remove it. They then ask the people who put the charge in if they object, give them 14 days I think, then it’s removed.

Sounds like your solicitor overlooked this charge and failed to get an undertaking from the seller’s solicitor to remove this charge on completion. The fact they’re blaming you is appalling. I’d complain if I were you.

Thank you all for your replies, very helpful! I'm glad I was right about it... and we are definitely going to complain.

They said we should have looked at the deeds and saw it was still there in 2018, then they would have done something about it back then...unfortunately that was a phone call and they'll deny they said that!

I've escalated it to the managing partner as they don't seem to be doing much - they only chase it when we chase them, that meant a gap of a month during Sept/Oct when they did nothing!

Oh and I didn't know we could go to Land Registry directly! I don't know which company the charge was from though, just that there is one.