Application pending - poss HR1?

I own a house with my sister, joint tenants, both registered on the land registry. 

When we initially bought the house, it was jointly between four of us - her husband and our mother the other parties. 

Just over a year ago we did a transfer of equity from our mum and her husband to us. During this process he signed paperwork which included amongst other things the statement “You fully appreciate that on completion of the transfer you will have no legal or equitable interest in the property or any rights of occupation”. Our mortgage company also required him to sign a waiver of any rights over the property. 

A couple of months later he moved out, and a couple of months after that they began divorce proceedings. 

We have just submitted a remortgage application and it has hit a block in conveyancing because there is a pending application at the land registry. Call my sisters soon to be ex-husband and sure enough he said the solicitor had submitted something but he didn’t understand the process and didn’t have a copy of the form, nor seem to have any clue what the consequences were. 

Firstly, I am trying to confirm what the pending application is - I assume an HR1?

If it is an HR1 how is this valid given he signed away rights of equity and occupation? (NB. we are fully aware that as part of the divorce financial order he Is entitled to her financial interest ie. 50% of her 50%)

How do we resolve this? If the remortgage fails, and we roll to the standard variable rate, the monthly payments will be unaffordable and the house will be repossessed - how can this happen?

Any help confirming what the pending application is, and how to resolve it would be very, very much appreciated. 

Title number is SY406959. 

Further to the above, having done some more research it is my understanding that it is not possible to apply for home rights when the property is co-owned? So again, that the application is only causing us a problem because it is “pending” and has not been processed?  

He has also now said he thinks this application was filed Oct/Nov last year which if true has been pending significantly longer than the 4 month timeframe I have seen advised on other threads?

Danielle - firstly the application is a form HR1 and submitted on 23rd January. It is waiting to be processed and the timescales often quoted are average timescales so not definitive. 
It is possible to make such an application when a property is co-owned although it is unusual. Applicants invariably have to provide additional information to confirm why their rights can be protected.
I'll flag with colleagues and ask them to expedite it in light of your remortgage. That way it can move from pending to being processed. If it can be processed and completed we will notify the joint owners in writing. However if it can't be we will either contact the applicant, the conveyancer, with a request for more or cancel it and notify them
SY406959 

Thank you for the speedy response, and for flagging to your colleagues to have this expedited - this is much appreciated. 

Are you able to explain what such additional information would make this application with co-owners valid? 
 

I have attached the forms that he signed last summer - I’d be grateful if you could pass these to your colleagues reviewing the application. 

Danielle - you'd need legal advice as to what rights he may or may not have and specifically re a co-owned property. My reply was simply to explain that such an application is possible and the fact that a property is co-owned does not negate the ability to apply and to have the application considered.
If they have not provided sufficient evidence to confirm that his rights exist then we will contact them for 'more' and see what they have to say. 
We can't advise on the law re such matters as the legislation re such rights is not our own
If you wish to try and effect the processing of the application then please use our Contact form to submit details as you wish. That wouldn't be done via a public forum 
You may wish to remove the attachments as a result 

Thanks for your reply. 
 

I will use the form as suggested. 
 

Are you able to provide the reference for the application? 
Am I able to request a copy of the application while it’s still pending?

Can you confirm what my sisters ex should do if he wishes to retract / cancel the application?

I have submitted a contact form - reference is 240827-3737357.

I’d be very grateful if you could flag this information to your colleagues for review when expediting the application.  

Danielle - if the application is to be withdrawn/cancelled then the conveyancer should request that. They can request that in the same way through the contact channel. It must though come from them as it's their application
If you wish to apply for a copy of the form e-HR1 submitted then you can do so by post using form OC2 as per this linked guidance 

Okay thanks that’s helpful, will pass that information on. 
 

Per above I have submitted a contact form - reference is 240827-3737357.

I’d be very grateful if you could flag this information to your colleagues for review when expediting the application.  

The conveyancer that submitted the HR1 has this morning sent a cancellation, are you able to please confirm this has been received?

Hi Danielle - nothing showing up as received today from the conveyancer re SY406959 
We contacted the conveyancer on the 27th asking them for more information re their HR1 application but as yet no response
The only other thing outstanding is your own enquiry of the 27th which you already referred to in this thread

Thanks for confirming - I will chase.  
 

Per your earlier feedback, if more information was requested this was because the application was insufficient to be processed as is?

Danielle - that's correct. If we ask for more then we need more information to enable us to complete the application. You will recall my earlier response to your enquiry as to whether a co-owned property could be subject to such a Notice and how it is possible but only if certain information/confirmation is provided

Thanks for confirming. 
 

Are you able to tell me what information/confirmation has been requested?

Danielle - no as the request is made to the lodging conveyancer alone. If they are going to cancel their application then it won't matter what we have asked for though

Can you please confirm whether the cancellation has now been received? 
 

Many thanks 

Danielle - a request to cancel was received on the 30th so that's now with the casework team to action. I suspect that will be today
SY406959 

Morning Adam, has the cancellation now been processed?

Morning Danielle - the application has indeed been cancelled