Leasehold title registrations from FH title ESX145408 - urgent expedition

Hello, I have emailed my query over to 

customersupport@landregistry.gov.uk as well.

I am the owner of 24 Dorset Gardens, , Brighton, East Sussex, BN2 1RL - freehold title ESX145408. Held in "Hudson & cole freehold ltd" with leaseholds being issued into "Hudson & cole investments ltd" of which myself and my wife are beneficial owners of. We purchased the freehold property in May 31st with issuance of newly created Leasehold titles registered in June. 

We are currently in the midst if remortgaging these with 4 separate financial transactions with 2 lenders, over 2 solicitors. And we are on a short-term bridging loan due for redemption by the end of December to avoid penalty.

My understanding is that our solicitors Bradley Haynes Law, requested the expedition on circa the 17th/18th November, to which there was a query circa 21st November responded circa 21st/22nd November. My understanding is that the expedition request was accepted and should be completed within 10 working days, with some query responded to circa 21st November clearly some activity has progressed.

Our expedition request was justified on multiple reasons:
- Transactions at risk - 4 separate refinance mortgage offers, and a separate transaction depending on funds release from refinance to proceed. 
- Financial & personal hardship from expensive short term loan penalties, default fees, re-arrangement fees and penalty interest.

We are now such that If not completed with accepted leasehold title documents available by Monday 16th December latest - we will not be able to complete the remortgages this year and will be up against potential £50,000 default & penalty fees or additional arrangement & legal fees and if we do not complete the remortgages in good time. This loan is due by 31st December 2024, but our solicitors are out of office from the 24th December.

Please can someone update me, help us understand if anything can be done to get this processed as soon as humanly / technically possible and completed Monday to stand a chance of completing without penalty this year.

If possible for anyone to call me to discuss or provide an email update it would be massively appreciated to get this done ASAP Monday to stand a chance of avoiding great penalties

Kind Regards Charles Fox

Hello Charles - you will receive a response from our Support Team re your duplicated enquiry so I will simply explain what is happening at our end so you know what to do next.
There are 4 new leases waiting to be registered and then a Discharge application re the freehold. All 5 applications have been expedited and partially processed. None can complete as they all require additional information from the conveyancers involved. The same conveyancer is acting for each of the new leases. 
You'll need to contact the conveyancers to confirm what is still required and when they expect to respond in full 
I've edited out your phone number for privacy reasons
ESX145408
 

Thanks for the early morning response.

Is anyone able to advise me the timeline if actions / activities / responses from submission; request for info, responses etc. As I was advised by them the requested info was submitted on the 21st or 22nd November and has not been outstanding since?

Charles - I assume you are referring to the 'Discharge' application as that was expedited on the 19th November and processed on the 20th. We issued a request as the application was lacking a key piece of paperwork and I cannot see any response as yet from the conveyancer
All the applications remain outstanding and waiting for full responses from both conveyancers. You will need to speak to them to confirm the precise details and IF they have replied in full ask them to get in touch to explain how and when for example

Hello, thanks again for the latest prompt response.

I have spoken to a solicitor at our firm (note classically with my luck both solicitor + assistant i've been dealing with are out of the office today but the head of property team is looking into it for me).

They advised they could see nothing associated with the account / request in their system. But did mention reciept into the email of solicitor handling it - a letter/note this morning with 2 requests.

Are you able to confirm that is the only 2 outstanding topics?

Are you able to provide commentary/advise on IF, if they are able to promptly resolve that this morning/today -> when/how quickly could the turn-around be actioned - assuming all can be satisfactorily handled easily? What is best case response to register the leaseholds?

Charles - as far as the application which is with the control of your own conveyancer, Dean Wilson LLP, is concerned the fundamental missing part is the actual Discharge paperwork itself.
However we need replies from the other conveyancer, ABC Worcester Limited, re the new leases as well before anything can be completed. 
Impossible to offer any sort of guide re the IF when you have a number of missing parts and all are required to get you to the point you require urgently. All your Qs need to be addressed by both firms as they are the ones in control of the timescales until all the necessary informaiton is in HMLR's hands

To clarify, Dean Wilson LLP are in no way engaged by me - they were the previous freehold property owners solicitor handling the sale. Surely they should not be a factor in holding up activity?

ABS Worcester limited are my solicitor.

I will call them and clarify if they are working on it and engage my solicitors also.

Regards

Charles - noted but as there are 4 applications, and one is lodged by Dean Wilson LLP, they are a factor but surely one that your own conveyancer is fully aware of 
I'm sure your own conveyancer will be able to explain what's involved and what's outstanding as a result as from our end we are simply waiting for replies from both firms to enable us to complete the applications which have all been marked as urgent. 
ESX145408

Hi Adam,

We don't understand why Dean Wilson LLP need anything to do with it.? As I was never their client they said they'd investigate but are unsure about communicating with me, but i've requested a callback.

To quote my solicitor at ABC Worcester ltd (Bradley Haynes Law)
"None of the requisitions that I am aware of relate to the Seller’s solicitor or require any input from the Seller’s solicitors. In fact, the registration of the freehold acquisition by Hudson & Cole Freehold Investments Ltd was completed back in October by Land Registry. "

- Can you clarify why / what Dean Wilson LLP has to do with anything given the above?

They did mention concern that some requests for basement flat and flat 1 were recieved, but not flat 2 and 3. are you able to confirm if the requests wiht them are the only open topics or if duplicates for other flats will be due?

To quote "The requisitions that we have received today only relate to the flats (basement flat and Flat 1, so far), and I don’t think your seller was involved with this aspect of the transaction. I don’t need any input from any third party, and I will be responding to the requisitions today. The requisitions are still awaited in respect of Flats 2 and 3, but no doubt these will come through later today."


Regards

Hi Charles - I can only confirm what we have pending. Any clarification as to why they have submitted their application should come from them. 
I suspect, but again something only they can confirm, they may have submitted it against the wrong titles or in error. 
As you state ESX145408 has changed hands etc but it is one of the titles they then applied against on 14th July and after the 4 new lease had been submitted. 
Unfortunately they have not as yet responded to our request issued on 20th November and I would suggest that either you or your conveyancer contacts them direct (reference HB/102063/003/DS1) as if their application is a mistake then they will need to request that it's cancelled/withdrawn as appropriate.

Hi Adam, Lisa @ ABC Worcester /my solicitors Bradley Haynes Law advise they've been on the phone to yourselves and cleared up the Dean Wilson LLP issue of an AT1 form strangely that should in no-way hold up the lease creation process.

Lisa advised that you've had the required responses as per this mornings requests for basement flat and flat 1 - and that she can prepare similar updates if required for flats 2 and 3 (as per my earlier question at 11:03) -> can we confirm if that's essential or not?

Are you able to advise the expected turn-around response for the responses Lisa has submitted as per this mornings request above and if you can provide any expectations to the timing of the leasehold registration today/tomorrow being possible / likely ? / do anything possible to prioritise / escalate to rapid responses?

I'm really down to the wire on having to get into other arrangements tomorrow subsequent to moving funds around ASAP to mitigate massive penalties if we do not get this completed today/tomorrow to refinance by the 23rd/24th December.  

Hi Charles - i'll check with the casework team 
ESX433412 and others

Adam, FYI - flat 2 and 3 requests mirroring this morning just pre-emptied by Lisa @ BHL/ABC worcester.

Please note, if there is any prioritisation/time urgency issues -> flats 1/2/3 are with 1 lender and could be actioned slightly quicker in a way to reduce some financial burdens with the basement following slightly behind if useful.

Charles - the matter is back with the conveyancer again following their earlier response. 

Has been replied to again - back with you guys.

Can you advise if that's "it" ? Or more to come

Will this be resolved tomorrow or not? Tomorrow I have to start incurring substantial legal fees to mitigate if not.

Regards

Charles - if it can be completed by the casework team tomorrow then it will be. They are aware of the urgency and hopefully they can update me in the morning
ESX433412

Hi Adam, are you able to chase a status update / advise any progress/news?

Hi Charles - I have been doing that already and am waiting for an update from the casework team. It seems the conveyancer replies have caused some uncertainties re the paperwork being submitted but hopefully that has now been ironed out
As soon as I have an update of real value I will share it with you here
ESX433412

Hi - any chance of an update -?

Hi Charles - the only update I can offer at present is that they are being worked on. Very sadly creating new leasehold titles and the required registered information has it's complexities as a new title is required for each one. It's not a quick fix so to speak but things are moving forward more positively and I will update you once I have something more definitive to share
I know that it's a pain and very stressful but we will both have to bear with my casework colleagues and trust in their abilities and due diligence 
ESX433412