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Posted Fri, 24 May 2024 14:09:13 GMT by Emma Bennett
Hello. 
On the 3rd of April I was told by the company who were supposed to be selling our properties that they had lodged a UN1 against one of them (GM517594) and that HMLR would notify us of this.
We have still not received any notification from HMLR and so do not know if this is true. How long does notification usually take?
They are trying to prevent the sale to anybody else so I need to look at our options. But firstly I need to know if there is a UN1 against the property (without having to pay for another copy).
Thank you.
 
Posted Fri, 24 May 2024 14:14:56 GMT by Adam Hookway
Hello Emma - if someone applies to register a form UN1 against a title then it's unlikely to be processed for 4+ months - the average wait time 
Once it is processed it is at that point we would serve notice on the registered owner(s) at the contact address(es) they have provided on the register itself.
There has been no application to register a UN1 against the title you have quoted.
 
Posted Fri, 24 May 2024 14:59:17 GMT by Emma Bennett
Hi Adam, 
Thank you so much for your quick reply.
Just so I understand then, if an application HAD been made (in April) that would be recorded even if it had not yet been processed?
The fact that you cannot see an application against the title I have quoted means an application has not been made? or rather an application has not been received?
Does it mean that the UN1 will not show up on any searches until it is processed?
I was going to pay for a copy so I know what it looks like, but I think you have saved me that bother.
There are some other numbers on the (old) documents relating to this property, would it have been lodged against one of those?
From the documents sent by our solicitor, I can also see other numbers relating to the same property, these are GM781726 and GM7439 (which seems really old) and LA274552. I never understand the different numbers.
Could the application have been made under one of these?
Thank you. Emma
Posted Fri, 24 May 2024 15:13:05 GMT by Adam Hookway
Hi Emma - correct. An application and the interest it involves is protected from the date of submission even if it is not processed for several months
Both - no application has been received and therefore no application has been made unless you are referring to it being sent but 'lost' in delivery for example. 
Any submitted application which has yet to be processed would be revealed in any search result. 
A UN1 application was submitted against title GM781726 on 2nd April - if you need to no more re that application you would need to apply by post for an official search without priority (form OS3). The search result would confirm the nature/type of application, who submitted it and on what date
Nothing against either of the other two titles you refer to
 
Posted Fri, 24 May 2024 15:42:30 GMT by Emma Bennett
Thank you again for your quick response. At least I understand a little more and it seems like a UN1 has been lodged as they said.
Posted Fri, 24 May 2024 15:43:27 GMT by Emma Bennett

Oh, one last thing that I also forgot. They said they had also applied to have it changed from Possessory to Absolute, are you able to see if that has been done?

Posted Sat, 25 May 2024 05:39:38 GMT by Adam Hookway
Emma - we do have an application to upgrade title GM781726 
Posted Mon, 11 Nov 2024 16:30:01 GMT by Emma Bennett
Hi Adam,
Some time has passed since I contacted you about GM781726  and you provide really useful information. 
I am trying to establish the order in which "things" have been done against the Title of our property as I am receiving conflicting information. Our solicitors Lowick McKay originally told me that they had NOT applied to have the Title upgraded but that they had applied to have my father's name Ian Bennett removed because he died some years ago. I find this an odd thing to do for a property that had not yet been sold. However, somebody at LR confirmed that Lowick McKay HAD applied to upgrade the Title (in February) and they have now reluctantly confirmed this. They said it was done "in error" at the same time that they applied to have my dad's name removed. Are you able to see the order of either of these two things?? I know that the Title has now been upgraded to Absolute. 
Also, who can actually apply to have the Title upgraded - I would assume it would only be the owner or their legal representative, but could our solicitor allow somebody else to apply in their name?
Secondly, now that the Title has been upgraded, I think there are still two outstanding applications - one to remove The Mortgage Works interest and the other in relation to the UN1 (applied for by Nationwide Property Developments).
Your colleague at LR told me it was unlikely the UN1 would be processed until July next year - hence why we haven't had notification.
I need to apply to have the UN1 removed but I am not sure how if this has not yet been processed. We are in dispute with the estate agent that registered the UN1 and they are hoping to prevent any future sale. Can you please advise how I can apply to have it removed so that we can sell the property.
Sorry this is long-winded, we have had quite a tough time with the estate agent and unfortunately our solicitor seems to have taken instruction from them (not us) regarding the Title upgrade. 
Thank you. 
Emma
Posted Mon, 11 Nov 2024 16:52:05 GMT by Adam Hookway
Hi Emma - the application to update the register from Possessory to Absolute was submitted in February and completed in July. An application to update the register re the death was made at the same time, by the same conveyancer and completed at the same time - all as a single application
The two other applications you refer to remain pending, namely the UN1 and Discharge 
Whilst you can submit an application to cancel the UN1 this really relies on it having been completed and on the register already - Unilateral notice: cancellation (UN4) - GOV.UK
Such applications, when completed, trigger a notification to be issued to the registered owners, as you already appreciate, but at this stage that's not happened.
In the circumstances I think it would be a 'better' option for you if the pending applications were hastened so that the registration process can be completed. You then have a clear and obvious way forward IF for example the UN is registered. IF it's not then you know that's been resolved as well.
I'll flag it with colleagues to hasten the process and then you can see what happens next to enable next steps as appropriate also
GM781726 
Posted Tue, 12 Nov 2024 08:43:17 GMT by Adam Hookway
Hi Emma - the applications have bene processed now and the register updated re the removal of the legal charge and addition of the UN. Notices re the latter have been issued by post to the registered owners to explain
So ball back in your court re what happens next re the UN and any application to cancel same for example
Hope that helps
GM781726 
Posted Tue, 12 Nov 2024 09:02:19 GMT by Emma Bennett
Thank you so much for your help - such excellent service that you just don't see these days.
I will now look into applying to having it removed and how to word it.
Emma 
Posted Tue, 12 Nov 2024 09:17:55 GMT by Emma Bennett
Hi Adam again (sorry). Having not known you would be quite so efficient, I have just realised that the registered address of the owners is out of date! I believe it is my brother's address in Warrington and he moved in mid-July! We had expected the property to be sold long before then.
I can only hope the new owners let their estate agent know, but I fear they might not. My understanding is that I need the details on that letter for the application to cancel.
Can you offer any advice?
Thank you.
Emma 
Posted Tue, 12 Nov 2024 10:51:16 GMT by Adam Hookway
Hi Emma - never a need to say 'sorry' here. 
You don't 'need' the Notice as that is all it is, a notice to inform each of you that the UN has been added to the register. It's not a Notice that requires your consent or otherwise but solely one to inform.
The details you need are on the actual register re date of the new entries and who the beneficiary is for example. Your UN4 application would then refer to those and your request to cancel.
It's unfortunate that your contact addresses have changed and weren't updated. You may also have changed your name - is that correct?
GM781726 
Posted Tue, 12 Nov 2024 11:04:57 GMT by Emma Bennett
Yes, I changed my name some time ago but the conveyancing solicitor was dealing with that as part of the sale process. Obviously, these things are fairly straightforward - until they're not!
Lots of things have gone wrong and I've learned a few hard lessons. I'm sure I can sort it out, it will just take a bit more effort and time.
I'll purchase a copy of the Title again now it's been updated and I'll do a bit of research on filling in the UN4.
You've been a great help, thank you.
Emma 

​​​​
Posted Tue, 12 Nov 2024 11:10:00 GMT by Adam Hookway
Emma - don't purchase the register as I will take a punt on not ending my efficient career and email you shortly. You've not stated your maiden name but I can make the connection.
Posted Tue, 12 Nov 2024 11:16:07 GMT by Emma Bennett
Just received it, you're a star!
Thanks Adam!
Posted Tue, 03 Dec 2024 12:03:46 GMT by Emma Bennett
Hi Adam,
I hope you are still enjoying your efficient career!
Thanks to your advice and for expediting the UN1 I was able to make a UN4 application for removal that I posted to LR on the 25th of November.
This morning I received email confirmation from LR that they had received the application (Ref L644FRT) and they advised it would be completed in April 2026.

By pure coincidence (or it's a good omen!) we today received and accepted a cash offer for the property from a buyer who wants to complete in four weeks.
I now realise I need to expedite this as soon as is humanly possible - if not sooner.

I included some reasons on the UN4 as to why I was applying - I don't know if this was expected or not.
Should I repeat those reasons when I ask for it to be expedited or do I stick to the fact that we may lose the sale if we cannot sort out the UN1 removal and include a copy of the sale agreement (once I have it)??

This property has been up for sale for so long and we have lost so much money on it due to the previous tenants arrears and not leaving until eviction, and then discovered her two dogs and nine cats had practically destroyed it!
Hence, we are grateful that we now have another buyer.

As always, your advice is very much welcome.

Thanks,
Emma

 
Posted Tue, 03 Dec 2024 12:27:36 GMT by Nimish Patel
Hi Emma - I have responded to your post in the absence of my colleague. 

To request expedite you just need to include some evidence of the sale being agreed. 
Posted Tue, 03 Dec 2024 12:30:48 GMT by Emma Bennett
Thank you Nimish.
I have just received the sales agreement so I will include that.

Emma
Posted Mon, 23 Dec 2024 14:21:02 GMT by Emma Bennett
Hi Adam/Nimish,

Enquiry Reference: 241203-4097837 Application Reference: L644FRT Title Number: GM781726

As I received approval for the UN4 to be expedited via email on the 3rd of December, I just wondered if I would receive anything else via email or if it would be posted. 

We are slightly over the quoted 10 working day period, but I do appreciate it is a busy time of year for everyone. 

My understanding is that the party who applied for the UN1 would be contacted and given a fixed period to reply. I am hoping that time has now passed and we are a step closer to having the UN1 removed, but it is still a very nervous waiting game for us. Can you confirm if this is the case?

The sale is still progressing (also slowed down by the Christmas period) but I am hoping this issue can be sorted in time for the return of the solicitors in January and hopefully a quick completion.

Many thanks,

Emma
 

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