Selling a shared freehold flat and run into problems. Really need advice!

[Propertyhelpneeded]

We’re selling our shared freehold flat. We bought the freehold 4 years ago, but don’t have certification from the land registry yet - but we do have proof that it’s with the land registry. (The law-firm acting on behalf of us freeholders went bust, hence the delay, apparently.)

Other people in our building have sold using proof that the freehold is with the land registry and indemnifying.

But our buyer’s solicitor is saying that their lender (Barclays) won’t lend without it. Considering it’s been with the land registry for 3 years, it feels like a complete stop.

I’m at a loss. Any advice?

We were supposed to exchange a month ago! And these issues have only just been raised.

Oh yeah - mortgage companies are arseholes for wanting everything updated with the LR. It may well be dead end with Barclays.

If others in the block have managed to sell with a mortgage, then your sellers can try another lender, with all the delay that entails. If you’re prepared to go that route, ask them to flag the issue with the legal department on application and get them to say yay or nay before proceeding.

@TatianaBis

Oh yeah - mortgage companies are arseholes for wanting everything updated with the LR. It may well be dead end with Barclays.

If others in the block have managed to sell with a mortgage, then your sellers can try another lender, with all the delay that entails. If you’re prepared to go that route, ask them to flag the issue with the legal department on application and get them to say yay or nay before proceeding.

Damn! Thank you for this though!

The frustrating thing is, I don’t seem to be able to make anything happen with the Land Registry. I would if I could!

Maybe worth seeing they are willing to get another lender? I was so hoping there’d be another way - like indemnifying etc!

I was going to suggest indemnification.

Have you called the Land Registry? I started haranguing them by phone when I needed something updated for a sale and eventually it was… pre Covid though.

Indemnifying is worth trying - see what they say - it's just I've had experience of mortgage company insisting on LR update and nothing but.

You can sell property unregistered but the buyer needs to register it on completion. I've no idea how it would work with this bizarre 3 year delay. What are they doing?!

Can your solicitor not ask for it to be expedited at Land registry as a sale depends on it?

Do you solicitors know why there is a delay?
Is it on the LR side or the who ever was given the files?

Is there any possibilty that your previous solicitor been doing "stuff" that they should not have been doing with client assets?

Who was given your old file, was it your current solicitor and if not why can your current solicitor not contact the relevant legal team.

Our solicitors know there’s a delay.

I believe the delay is on the Land Registry side, but I am going to ring LR first thing in the morning - thank you to whoever suggested that. I’ve been doing everything through our solicitor so far (he has been calling them etc) as I didn’t think they’d speak to me about it because I’m not one of the freehold directors.

At the moment, it feels like this sale will never happen without someone driving it - and the solicitors don’t seem to be inclined to be the ones to drive it!

I have also emailed our estate agent asking if our buyer’s solicitor / lender would be happy with an indemnity, as I can’t be certain whether or not our solicitor suggested it even though we asked him to - as that’s what our neighbours who sold did.

Also try messaging LR - we experienced a lot of issues relating to the LR last autumn during our purchase/sale, and I messaged the LR via their forum, and someone called Adam was extremely helpful and responsive. I think he mans their forum.

@aperol10

Also try messaging LR - we experienced a lot of issues relating to the LR last autumn during our purchase/sale, and I messaged the LR via their forum, and someone called Adam was extremely helpful and responsive. I think he mans their forum.

That’s a great tip, thank you! I’ll message now!

We recently had this too. I called the land registry and it got sorted but it took 3 weeks or so