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Original poster

House sale fell through after exchange

34 replies

Heygirly6670 · 21/12/2025 20:51

Hi everyone,
I am a first time buyer. I have been in the process three months so long enough for a chain free empty property. I exchanged on the 16th dec, due to complete on 17th when I got an EMAIL from my solicitor not even a phone call to inform me that completion cannot happen as a historical charge was found on the property right after she sent my mortgage funds to the sellers solicitor. It took me a further 2 hours to get through to her on the phone to figure out what exactly was going on just for her to tell me “not my fault sellers solicitors where supposed to removed the charge” with absolutely no clear plan or explanation to where I stand. The charge is a 27 year old previous morgage that was never removed from the land registery and the sellers solicitors claimed it would be impossible to remove the charge and told me to get indemnity insurance which my lender would not accept in any circumstances. This happened on Wednesday which gave them 3 days to sort this out or come up with some sort of action plan on what happens next but I got absolutely no contact from anyone unless I asked for an update on what happened. It seems all the solicitors want to do is point fingers instead of actually do anything and it’s really taking a toll on my heath the stress it’s caused me as even if I get my deposit back I’ll be out at least £2500 not including any smaller costs I’ve incurred along the way which would make it near impossible for me to afford a different house anytime soon. I’m also paying for insurance on the property as I was told not to cancel it as ir would mean the property would be uninsured and I would be liable as I exchanged and signed contract. Solicitors are now closed for two week for Christmas so I have to deal with 2 weeks of stress and uncertainty. I just don’t know what to do and wondering if anyone has been through anything similar and if the hosue doesn’t complete if I would be able to claim costs from anyone? I am actually getting ill with stress and have a feeling I have a long roads in front of me which I will be unable to cope with.

OP posts:
BradPittsLeftArmpit · 21/12/2025 21:03

Also in a house buying nightmare. Sorry, no advice for you, just sympathies as I'm feeling the exact same as you, and can't quite believe that my own (simple) (no chain) situation has turned into a complete nightmare. Sympathies OP

Keepingthingsinteresting · 21/12/2025 21:05

I so sorry OP that is terrible, and I cannot believe the firm has shut without sorting this. Have you tried contacting the complaints partner and managing partner?
I really don’t see how this can have happened,they would have run searches before exchange and wouldn’t have exchanged if there were undischarged charges not being dealt with as part of the completion process.

MangerThings · 21/12/2025 21:07

Tell me you have an actual solicitor doing your legal work for you - please.
Obviously unless you have gone against your solicitor’s explicit instructions, the fault here lies entirely with your solicitor and they are in deep, deep shit.

mackers1 · 21/12/2025 21:17

If you are in England, has your solicitor sent the mortgage money back to your lender and served Notice to Complete on the seller’s solicitor?

Historic charges can be removed. That is what the seller’s solicitor should be dealing with urgently.

Surely, your solicitor is open for a couple of days this coming week.

SparrowFeet · 21/12/2025 22:25

I'm not sure how similar my situation was but I had a land charge show up a couple of days before exchange. Sellers claimed it had been removed but it was still showing up on the land registry.
I contacted the local councillor who got a letter from the land registry to show it had been removed which I sent on to my solicitor.

Not sure whether your situation is that it IS a charge that needs to be paid, or it's one that just needs removing but your local councillor to the property may be able to help?

MangerThings · 21/12/2025 22:32

I think the point is that your solicitor is being paid handsomely getting the transaction over the line.

There are still 3 working days before the two bank holidays so just saying they are shut, is not good enough. They must have an emergency contact number? Failing that, search for your solicitor/ the partners, and contact them directly, via any means possible, flagging up that if you break your contract terms with the vendor (and anyone in the chain above) the financial consequences could be huge. And that you’ll be coming after then for costs. Who sends funds to anyone if there are outstanding legal queries to resolve? No-one, is who.

Original poster
Heygirly6670 · 22/12/2025 08:51

mackers1 · 21/12/2025 21:17

If you are in England, has your solicitor sent the mortgage money back to your lender and served Notice to Complete on the seller’s solicitor?

Historic charges can be removed. That is what the seller’s solicitor should be dealing with urgently.

Surely, your solicitor is open for a couple of days this coming week.

im in Northern Ireland, a notice to complete has been served. Both solicitors offices closed on Friday and are not opened again until the 2nd January. My actual conveyancer acting on my case is actually off until the 7th January now.

OP posts:
Original poster
Heygirly6670 · 22/12/2025 08:55

MangerThings · 21/12/2025 22:32

I think the point is that your solicitor is being paid handsomely getting the transaction over the line.

There are still 3 working days before the two bank holidays so just saying they are shut, is not good enough. They must have an emergency contact number? Failing that, search for your solicitor/ the partners, and contact them directly, via any means possible, flagging up that if you break your contract terms with the vendor (and anyone in the chain above) the financial consequences could be huge. And that you’ll be coming after then for costs. Who sends funds to anyone if there are outstanding legal queries to resolve? No-one, is who.

I sent the funds to my solicitor the day before completion. I am not a solicitor by any means so I was not in anyway aware that anything was wrong with the title or the property as again, I’m not a solicitor so I trusted my solicitor to do the work for me after all that’s what I payed them for. This problem was only actually figured out after my solicitor sent my whole mortgage funds to the sellers solicitor. My lender requested the funds back on Friday and to my knowledge they have still not been returned by my solicitor

OP posts:
Original poster
Heygirly6670 · 22/12/2025 08:58

MangerThings · 21/12/2025 21:07

Tell me you have an actual solicitor doing your legal work for you - please.
Obviously unless you have gone against your solicitor’s explicit instructions, the fault here lies entirely with your solicitor and they are in deep, deep shit.

I have a conveyancer working on my case. As I’ve said she is refusing the take any responsibility for what has happened and keeps stating that the fault lies with the sellers solicitor and there’s nothing she could have done to avoid it

OP posts:
SleafordSods · 22/12/2025 09:00

I sold a house recently for a relative and a charge for a discharged mortgage popped up at the last minute.

It took me literally 30 minutes to call the bank, explain the situation, for them to see their error and remove the charge via the Land Registry portal.

It should be fairly easy for the sellers to resolve.

Would the sellers fund the indemnity insurance? I think its usually around £80?

WackyRacers · 22/12/2025 09:06

Your solicitors are behaving outrageously here. You must hunt them down by any means possible and explain you expect resolution immediately. Also log a complaint with the relevant body. Do not take this lying down. Also contact your vendors directly and get this sorted - it’s always a bad idea to rely on solicitors solely.

UxmalFan · 22/12/2025 09:22

I should think your solicitor is to blame for not checking the charge was removed before exchange.

AgentLisbon · 22/12/2025 09:50

Your conveyancer is in serious default here.

They are right that only the seller can remove the charge. They are entirely wrong to say this is not their fault. They should absolutely have never exchanged never mind sent completion funds without having clear evidence that the charge had been removed.

The one thing I would say at this point is that, from what you say, this is open and shut their massive oversight and they will have professional indemnity insurance.

Original poster
Heygirly6670 · 22/12/2025 10:01

WackyRacers · 22/12/2025 09:06

Your solicitors are behaving outrageously here. You must hunt them down by any means possible and explain you expect resolution immediately. Also log a complaint with the relevant body. Do not take this lying down. Also contact your vendors directly and get this sorted - it’s always a bad idea to rely on solicitors solely.

I unfortunately don’t have any contact with the vendors. Only through estate agents.

OP posts:
Nottodaythankyou123 · 22/12/2025 10:08

Your solicitor is correct insofar as the sellers solicitor absolutely should’ve ensure this was discharged HOWEVER she should’ve done her pre-completion searches prior to sending out funds and once the bank asked for them to be returned, they should’ve done that immediately. The lender will take a pretty dim view of that! I would escalate this via their complaints procedure, and ultimately to the ombudsman (presuming there’s one, or a similar body, in NI)

MinnieMountain · 22/12/2025 10:20

I'm sorry this has happened to you OP.

Speaking as a residential property solicitor, this is entirely your conveyancer's fault. It sounds like she knew about it before exchange. She could have got an undertaking (legally binding promise) from the conveyancer to remove the charge on completion. OR she didn't know about it pre-exchange and didn't do her pre-exchange search which locks the title and prevents anything else being registered until after exchange.

WackyRacers · 22/12/2025 10:45

Heygirly6670 · 22/12/2025 10:01

I unfortunately don’t have any contact with the vendors. Only through estate agents.

Show quote history

@Heygirly6670 Come on now, you literally know where their live. Of course you can contact them

HettySunshine · 22/12/2025 10:46

Have you been sent the title for the property with your report? If so, the charge should be noted there in panel C ‘Charges Register’. If you are comfortable doing so, please could you post what it says. I am a conveyancer and still in the office so I could have a quick look. If you’d prefer to message me privately, that’s absolutely fine.

The seller’s solicitor had to provide a document called a TA13 to your solicitor before any money was sent, setting out what, if any, charges they planned to pay off on completion. If they haven’t noted the charge on there, your solicitor should definitely have queried it straightaway. They are definitely not blameless in this.

Original poster
Heygirly6670 · 22/12/2025 11:42

WackyRacers · 22/12/2025 10:45

@Heygirly6670 Come on now, you literally know where their live. Of course you can contact them

Show quote history

they don’t live in the property that I’m trying to buy???? As I said it was an empty property she rented that house out and lives in her one house which I obviously don’t know the address to. If it was that easy I would have done it by now. So no… I’m not in contact with them

OP posts:
Original poster
Heygirly6670 · 22/12/2025 11:47

HettySunshine · 22/12/2025 10:46

Have you been sent the title for the property with your report? If so, the charge should be noted there in panel C ‘Charges Register’. If you are comfortable doing so, please could you post what it says. I am a conveyancer and still in the office so I could have a quick look. If you’d prefer to message me privately, that’s absolutely fine.

The seller’s solicitor had to provide a document called a TA13 to your solicitor before any money was sent, setting out what, if any, charges they planned to pay off on completion. If they haven’t noted the charge on there, your solicitor should definitely have queried it straightaway. They are definitely not blameless in this.

I honestly don’t even know exactly what I’ve been sent. I can tell you the official names of every documents I’ve been sent if you can make any sense of it?? Thanks so much for your help. All I’ve received is the original deeds of the property, the land and property services folio but it just looks really like a map of the hosue nothing about charges. Regional property certificates an obvious pre contract enquiries. In the pre contract enquiries it stated there was only one charge on the property which was the vendors active mortgage and it said it would be removed on completion. I’ve looked through all the documents so many times and can’t see anything about a charge other than the sellers saying about her morgage which was already cleared

OP posts:
Original poster
Heygirly6670 · 22/12/2025 12:00

SleafordSods · 22/12/2025 09:00

I sold a house recently for a relative and a charge for a discharged mortgage popped up at the last minute.

It took me literally 30 minutes to call the bank, explain the situation, for them to see their error and remove the charge via the Land Registry portal.

It should be fairly easy for the sellers to resolve.

Would the sellers fund the indemnity insurance? I think its usually around £80?

I can’t get indemnity insurance my lender won’t allow. Even if I coikd I wouldn’t be happy with it as it would be so hard to sell when the time comes

OP posts:
BatForCat · 22/12/2025 12:04

This happened us OP, albeit the solicitor spotted it before exchange. It was relatively quick and easy to remedy, the mortgage had been paid but for some reason hadn’t been removed 30 years earlier.

H0ldmybeer · 22/12/2025 12:24

Can you contact the estate agents and ask them to contact the seller about the this?

WackyRacers · 22/12/2025 12:51

Heygirly6670 · 22/12/2025 11:42

they don’t live in the property that I’m trying to buy???? As I said it was an empty property she rented that house out and lives in her one house which I obviously don’t know the address to. If it was that easy I would have done it by now. So no… I’m not in contact with them

Show quote history

Their residential address will be on contracts they have signed or initial paperwork. Or use social media. It’s not hard to find someone

HelenaWilson · 22/12/2025 13:06

Or use social media. It’s not hard to find someone

Not everyone is on social media, or uses their full real name on social media.