Update on Expedited Application - SY891190

Hello, 

I am currently in a shared ownership property, and I am in the process of purchasing the remaining 50% share, to 100% home ownership. However, we are currently stuck in limbo due to the Title Deed.

Our title deed was expedited on the 3rd April 2024 - and since then, despite chasing we have had no concrete updates or updates with regards to progress.

If we don't have this back by the end of the week, we will incur around £2,000 in fees - new mortgage product fee, new property valuation, mortgage broker fees etc. We will also go onto our emergency standard variable rate with our current mortgage lender and have to restart the process with our HA. 

Could you please provide me with an update?
SY891190

Thank you, 
Kathryn 

Kathryn - it's one of a number of applications to register new leases out of a larger title. I'll check with the casework team for an update as to progress 

Hello Adam, 

thank you for your response. I was told by my solicitor that all applications ahead of mine, hold no bearing on my title deed and therefore it should have been expedited? I am being told several different things - and it's incredibly frustrating given that I need this, this week. You website mentions about fees and risking house sales etc and states that applications will be expedited should this be at risk - and mine is at risk yet still I haven't had anything?

Thank you

Hello Kathryn - understood and appreciated. Whilst I wait for colleagues to update me I should point out that the application has been expedited. Unfortunately expedition is though not a magic wand for it being completed as the 'prior' applications do need to be considered and of course your own application checked to see if it is in order.
If the conveyancer is right re the prior applications having no bearing, and that would be something they checked before completion/submission, then hopefully it simply comes down to whether your own application is in order.
As soon as I know more I will share

Kathryn - the casework have responded to advise that we can't complete your new lease as there is a prior application to register a legal charge against the superior landlord's title. 
The conveyancer should be aware of this but they have not provided the necessary paperwork to account for that legal charge and the lender's consent to the later leases granted by the landlord.
I have asked the casework team to consider reviewing the new lease application as a whole and to raise a request but you may wish to raise the issue with your conveyancer to consider. 
Normally I would rely on the casework team to deal with the issue and raise it direct with the conveyancer. They will do so but in light of your previous post I felt you may wish to flag it as well with your conveyancer
SY891190

Hello Adam, 

Thank you so much for the update and bringing this to my attention - it's the closest thing I have got to answer relating to the hold up - so, it's greatly appreciated. 

I have passed your information onto those involved with my staircasing and I am hoping something can be done, or that your team will consider our application.

Once again, thank you so much for your help!

Hello Adam, 

It turns out that my solicitor hadn't been made aware of this, despite having chased the land registry for details but has now actioned this and sent me an email - as below. Does this mean that my application can now be expedited. If so, what is the current time frame on this as I am at my deadline in terms of being able to get all the paper work completed on time without incurring any additional fees.

I’ve heard from Vivid’s solicitors already sending me the DS3, which discharges your property from the charge I’ve sent this onto the Land Registry immediately. 

Thank you, 

Kathryn

Kathryn - I'll check with the casework team to see if matters can be progressed further at this stage.. The conveyancer has replied re the evidence of discharge.

Kathryn - I'm afraid we cannot complete the registration of the new lease. The prior application against the landlord's title SY872430 has priority.
That application is to register the legal charge in favour of M&G Trustee Co Limited. The legal charge includes a restriction which requires M&G's consent (not discharge). Your conveyancer may wish to obtain the consent of the named lender so that when that prior application is completed the new lease can also be processed and registered as appropriate.
At this stage there is also the issue of two prior pending new leases which are waiting on replies from their conveyancers for more information. Your conveyancer is already aware and whilst they 'do not affect' the new lease directly they do add an additional delay re completion of the M&G registration.
In the circumstances I would recommend your conveyancer obtains the consent as mentioned and then the matter can be reviewed again once submitted
SY891190

Hello Adam, 

I am just checking in to see if there have been any changes on the status of our application. I have been given a 2 week extension but ideally I need it next week. Is there any chance of this coming in? Otherwise I am going to incur costly fees.

Thank you,

Kathryn 

Hello Kathryn - I'm afraid no change from previous posts. The prior applications remain an issue and their cancellation dates are both currently 22nd May. They'll only be cancelled if the conveyancer, the same one as you are using, fails to respond in full to our requisitions. They may ask for more time, although they have done that previously so a further extension may not be granted
As things stand the ball is very much in the conveyancer's court re new leases for Plots 276 and 277. If those are not completed/cancelled then they prevent the later landlord's legal charge and your own and other leases from being completed

Hello Adam, 

thank you for your above response, which I passed onto the conveyancer's. I was wondering if there have been any changes since the 22nd May and if the issue was granted a further extension or cancelled and what this means for my application?

Thank you,

Kathryn

Hello Kathryn - the good news is that the prior applications have only just been completed re the plots I referred to previously. 
There's still a prior application against the landlord's title re the M&G registration to be processed so I'll check in with the casework team to see if that can now be progressed also

Hello Kathryn - i'm pleased to to let you know that at long last your application has been completed and the new title created. Confirmation has been issued to the conveyancer and the registered information is available online
I'm sorry that it's been such a drawn out process for you