started a remortgage, and we've had the following

We have now carried out our investigation of title and note that there is an application pending at the Land Registry against your property title. This means that the land registry records for your
property are currently 'locked' because another solicitor has applied to make changes to it. Please can you provide further information about what the application relates to and also provide
us with a copy of the updated title register when the application has completed?

multiple messages, over 5-6 weeks to solicitors - nothing back
desperate after a 27 month registration in the first place... to remortgage after going onto the "end rate" :(

adam (happy new year!) - any idea how i find out
>why its locked
>whos locked it
>how we can fix it!

REF HMLR Reference: KCA5D94 - Title Number SF679316 / Parent title SF469707

HNY2U2 Beth - 'locked' will be their term and not ours but the application you refer to was the registration of your own plot purchase, so I assume you are remortgaging that new title namely SF679316
If you are then that title was completed on 27th October and the registered information is open (not 'locked') to all
There's nothing else pending against the title either
So from our end at least nothing to prevent the remortgage but suggest you go back to the lander/conveyancer to advise and they can re-run whatever checks they are making and if still 'locked' explain in more detail

hey adam, thanks for the quick reply!
would this locking be someone applying to make a change? like a solicitor then?

not anything happening to the register?

and as a second question - if thats ok - there is a leasehold, against the address
 

Search results for

90 Cartwright Way
Cannock
WS11 0LS

There are 2 results for this address.

Choose a result to view a summary of information held by HM Land Registry.

Results by type

Freehold

What's freehold?

• Freehold90 Cartwright Way, Cannock, WS11 0LS

---

Leasehold

What's leasehold?

• Leasehold90 Cartwright Way, Cannock, WS11 0LS

as far as i know, we dont own the leasehold? and the freehold only is ours, but we should also - be freehold only? do you know why  are showing leasehold too? and that the leasehold is just 

"Land on the west side of Walkmill Lane, Cannock"

 

Beth - the freehold title is good to go as described.
The leasehold issue is the 'old lease' that affected but is no more re Number 90. Unfortunately we have some much older applications against that leasehold title which are preventing it from updating just yet
I'll speak to casework colleagues to see if they are able to assist re those older application and to clear the possible block being caused by the misinformation. 

Hey Adam, id appreciate that a lot!

for the purpose of a remortgage, there is just a freehold house - that should have no issues transferring? the lock - is a solicitor issue, and the leasehold isnt a problem that should stop anything? just old data being cleaned up

Beth - that is correct for you and for I on all counts but in my experience, and forgive me for using a well worn phrase, but sometimes the 'computer says No'. Modern conveyancing/lending is based on inputting a lot of information into the process (computer) and depending on the process it can say Yes or No at any stage.
In my experience the existence of the information re the leasehold being linked to the freehold (still) triggers a NO and everything is blocked until that is resolved.
It's a poor analogy but hopefully conveys where the issue may lie.
If the lock is a solicitor's issue then they should be aware from the seller's solicitor that the leasehold aspect has been resolved and how. But until it's removed from the 'process' they can't or won't move on, hence the block.

Hey Adam

Hope you are well

i have told all mortgage companies to cancel anything existing for a new application and they have complied but the new company is under the impression there is a pending application still on the property?

Hi Beth - freehold (SF679316) which you own is clear so no pending applications
The issue lies with the leasehold title which is still linked to the address as there are a number of prior applications yest to be completed against it. Those prior applications are waiting on responses from conveyancers to enable us to complete.
I'll flag with colleagues to see if there is anything they can do to free up the application that affects Number 90 so that the 'link' the lender is seeing is removed.
Please bear with me whilst I wait for someone to advise

Thanks so much for the update Adam, its getting close on end of mortgage time, so its a little hinkey over here!

glad the freehold is clear, but the leasehold is still giving me grief - where is the leasehold being transferred to?

Beth - the leasehold isn't being transferred as such but we need to remove Number 90 from the leasehold title. 
Let's see what my casework colleagues advise/can do to help 

thank you, ive passed on the freehold should be clear already, but hopefully the leasehold can be sorted :)

Beth - I'm hoping it will be sorted between now and the weekend but will share once confirmed

Hey Adam

Im praying its all over?

Hi Beth - sadly it seems not and I have contacted the casework team again to check/confirm and clarify why not and how we can resolve that
SF654431

Hi Beth - it's been sorted now. Really sorry it didn't happen when I said it would and have spoken to the casework team re that albeit too late in some ways.
Hopefully now sorted so you can move forward from here

hey adam, is there any paperwork i should have for this leasehold removal?
ive had solicitor email stating the following 2 days ago:


Re: Restriction
Remortgage of: 90 Cartwright Way, Cannock, Staffordshire, WS11 0LS

We note from the Title to your property that there is a Restriction registered against your property dated 27/06/2022 in favour of Walkmill Place (Cannock) Management Company Limited.

This Restriction must be dealt with as part of the remortgage transaction prior to completion. This process can be time consuming as we require the co-operation of other parties to progress.

Hi Beth - not too sure what you mean by paperwork for this leasehold removal here.
You are I assume still trying to remortgage. And the conveyancer is referring to a restriction on your leasehold title in favour of the Management Co as stated in their email.
However you might wish to reply to query the need to comply with the restriction on a remortgage as the wording is "RESTRICTION: No disposition of the registered estate (other than a charge) by the proprietor of the registered estate......." - I've emboldened the key wording as if it is solely a remortgage (a charge) then presumably the restriction does not need to be complied with and the Management Co don't need to provide a consent?
SF679316

Hey Adam

I won't lie I'm not too sure, I've asked them for clarification but its reference to restrictions and the company that built the home - made me refer back to this leasehold issue that was stuck with the homebuilders?

But my home should be fully freehold, and its showing that too now on the postcode search

Hi Beth - I'd recommend seeking clarification from them, as if they are chasing a consent that they don't actually need then they are adding an additional delay.

thanks Adam, does this mean there is nothing attached to my home now other than the freehold in my name?