Application on the title

Hi. I’m about to exchange/complete on a bank repossessed property. Everything went well until today when my solicitor has ran the pre-exchange search and found out that there is an application on the title from the previous owner. She said we are not able to exchange until this is removed but the sellers (bank) lawyer says it’s not their responsibility and that my solicitor needs to sort it. I don’t know anything else. The house is empty for the past 6 months at least and it’s a normal sale, not an auction. I know that the previous owner couldn’t pay the mortgage so the house was taken away from them. How can this application be removed and how soon? Completion date should be in a week time. Title number is GR326052

Title number is GR326052

Hi - they would need to withdraw and cancel their application. If they did that it can be removed within a day or so GR326052

Hi Adam. Thanks for the response. What if they don’t want to remove it? Obviously they want to make the process as hard as possible because the house was taken away from them so I don’t think they would just remove it. Also, how can they log anything when the bank has the rights to sell the property? Thanks

Also can you see that sort of application is it? Was it placed by solicitors or the previous owner itself? Many thanks

Only they can remove it as it's their application. Ultimately we will cancel it ourselves if it has no chance of success but at this stage it is being progressed but we are waiting for responses from a third party If you are challenging their right to now make such an application due to a repossession order you should check with your conveyancer and make an application/submit a formal enquiry with supporting evidence as appropriate Your official search protects your future application but does not impact on the pending application to update the register. Please do rely on your legal rep here GR326052

Thanks Adam. Would you be able to let me know the nature of the application please? My solicitor is trying to contact the person who lodged it but being unsuccessful. The seller is being unhelpful. Looks like the sale will fall through because of this, few days before completion and it is very distressing.

Also, can I ask how long ago this application was lodged? Is it still active or is it possible that they’ve just tried something and it was left there? Thanks

We don't share specific details on the forum or through general enquiries and all I can advise is that the application is to try to cancel/remove the existing restriction/charge on the title The application was submitted in May and remains 'live' whilst we exchange correspondence with the applicant, the registered owner, and try to get to the bottom of what may or may not be possible As you are buying based on repossession, transfer under power of sale by the current lender, you must rely on your legal advice as to exchange/completion. GR326052

Hi Adam. I have been told by my solicitor that the lady has now asked for her application to be removed. Can you please confirm if this is the case and how long does it take to take it off? Many thanks

Hi - looks like she has requested cancellation. The support team need to review/action that request, usually within 48hrs or pass it on to the casework team to consider. Her cancellation request includes a number of caveats that may mean consideration by a senior officer before we can cancel - I'll see if it can be escalated as a result

Thanks Adam. I’ve been told that as soon as the application is removed I’m safe to exchange/complete. Can you confirm if this is the case and my application for transfer of title would be next? Thanks

Very much down to your conveyancer but that would be the logical next step to the process, yes.

Thanks Adam. Would you mind checking the status of this? Many thanks

The customer contact re cancellation has been referred to the lawyer dealing with the case to consider. I'll post again once I have an update GR326052

Thank you, I really appreciate your help!

Hi Adam. Do you know how long this normally takes please? I was supposed to complete today but had to postpone because of this. Many thanks

Hi again - due to the previous correspondence/issues raised on the case cancellation can take a little longer. Looking at the case records I would expect cancellation to happen this week but can't be definitive re a time/date
GR326052

That’s already a big help to have some sort of timescale, thank you. And sorry for keep bugging you.

No apology necessary - I'll let you know once cancelled