Incorrect mortgage deed date

Hi,

I purchased a BTL property last year via my Limited company but have only just found out the registration was cancelled by the land registry.  I have spoken to the land registry this past week at length about it to try and figure out what went wrong, which I now understand.  Basically the solicitor acting for us dated the mortgage deed the day after completion and this is the deed that was sent to companies house to register the charge and to yourselves, even though the execution of the deed was on 31st.  

Upon submitting the TR1 to yourselves there was a requisition relating to this point which they could not answer or resolve so the application was cancelled.  

To cut a long story short my question is:

1) Should we re-submit the application with the incorrectly dated mortgage deed (and the incorrectly registered date at companies house) given that the date on the deed is AFTER the date of actual execution OR do we need to go back to the mortgage company to try and get the deed amended (and then get the charge date amended on the company register).  Reading up on deed documents, it seems to suggest that the date of the deed is normally deemed to be the date it was executed rather than the date that is written on it. 

The land registry advisor I spoke to on the phone today said he was not sure, and that when the new application came in the land registry would have to run it past your legal advisors.  My question therefore is that is it possible to find this out before we try and re-submit?   If submitting the application (AP!, TR1, etc) with the mis-matching date is acceptable (providing we supply evidence as to the reason), it would avoid the lengthy process of trying to amend the date.

Any advice much appreciated. 

Hi Simon - if you resubmit as before then it's likely to be rejected as the same issue presumably arises.
I don't quite follow the explanation given re the issue raised at the time and/or the one that remains so can you share the title number please so I can see what actually happened and what the specific issue was?

Sure it's Title SF511040, thanks.

Simon - many thanks. So the issue was that the date of the charge and the companies house certificate did not match. So if that is still the case then the application is very likely to be rejected 
If there is some reason as to why things cannot be altered or a 'correct' companies house certificate supplied or it can be shown that the two do relate then that explanation should be included with the resubmitted application. We can then consider those reason(s)/explanation as appropriate when the application is considered/processed

Hi Adam,

My solicitor attempted to correct the charge at companies house last year, which requires a paper court hearing, but they submitted all the wrong forms so the judge rejected the application to amend the register and this is how it was left.  Unfortunately despite the numerous errors they have made the solicitor seems unwilling to help resolve the matter, so at this point I am speaking to the lender to try and see if we can get another solicitor on the case to bring this to a conclusion. I am also in touch with the original owners Mr & Mrs Poyser who are more than willing to help us resolve the issue, as obviously this affects them also.

I guess this brings me back to my original question, we can certainly attempt another submission now but obviously the charge date at companies house will not match the date that we put on the TR1.  The companies house charge and the mortgage deed will still be dated a day later.  However completion did take place on 31st.  

If we went down this route what evidence would we need to supply to you to prove that the deed, companies house charge and the TR1 application are all related?  

Many thanks,
Simon.
 

Simon - we require a the companies house certification and legal charge to match and it reads as if that remains the issue as one refers to 31st March but the other refers to 1st April 2022. Hence why you have a procedure to make an amendment with Companies House and that appears to remain the point where you need to resolve the matter

It's not a question of proving that they relate to one another but a case of them matching

If you do not intend to revisit the issue with the court then the option to perhaps consider is to draw up a fresh legal charge but you must rely on your legal advice here 

 

Hi Adam,

OK thanks for the clarification, we will pursue the amendment to the charge with the court before re-applying.  Thanks

Hi Simon,

I had an issue with a typo on my charge certificate at company house that needed correction. As it required a court hearing and judge it was a nightmare as my solicitor that made the mistake could not correct the charge due to a conflict of interest as they also are acting for the BTL mortgage company which raised the issue. We had to instruct a specialist solicitor in this area to get it resolved which required a court hearing and took several months to resolve. I selected “DWS Legal” and the costs were covered by my original solicitor partner where the mistake was made.

I hope this helps and good luck.

J