Title Register Showing Discharged Entries

My parents discharged their mortgages in the 1980's but the Title Register still has two entries for these. The building society that provided these mortgages no longer exists and we are having issues trying to trace which companies took over these accounts.

My conveyancing solicitor has been attempting to track them down and they have a copy of the discharge notice from the original building society. If they can't find where this dormant account now lies, what do I do?

We are meant to complete on selling the property next week, but currently going round in circles with this title register issue.

Paul - you'll need to rely on your conveyancing solicitor here as to what the 'discharge notice' is/confirms. Ultimately we will need an actual Discharge (form DS1) from the lender able to discharge the charges. 
Otherwise you may need to consider asking a court ot consider the evidence re repayment/discharge for example and then provide the required discharge. But very much a Q for your conveyancing solicitor to answer for you.
What's the title number involved?

Hi Adam, My conveyancing solicitor has known for months and has been trying to trace the company that might hold the dormant mortgage account (the original lender no longer exists). The title number is SGL58061. I furnished them with the discharge certificate back on Sept 3rd.
 

Hi Paul - many thanks and I can see they've owned the property fo a long time and the two legal charges are just as old as that ownership.
Historically such 'old' charges were often discharged in one of two ways. The first being an 'endorsed receipt' so the building society signed the actual legal charge(s) which were attached to what was known as a Charge Certificate; or a form 53 which is the old form of discharge (now a form DS1)
You first referred to a discharge notice and now a discharge certificate but whatever it is I assume it's neither of the above and/or the conveyancing solicitor knows it's not enough
Do you have any of the old deeds/paperwork/charge certificates perhaps?

They have copy of form 53, the original mortgage, deeds etc. 

Northern Rock appears to hold the old account - and are extremely slow to take any action to remove the entries.

 

Paul - noted and appreciated. If they have a form 53, even if only a copy, I would suggest that it's worth them considering submitting their application along with a certified copy of that copy form plus any additional evidence/written confirmation to explain how and why no application was made at the time to remove the legal charges. 
I'm assuming there must me something significant lacking, perhaps a second for 53 for the second charge or otherwise, but you should continue to rely on the conveyancer of course
SGL58061

Hi Adam, the form 53 contains both charges and they have (I've been told) submitted it to Land Registry (expedited) for correction.

 

Hi Adam, I am told by the conveyancer that all proof details have been passed to Land Registry to make the changes and remove the charges, but are having issues with getting calls answered or returned. Completion was scheduled for today, but this looks like this might now be in doubt sadly.

Hi Paul - I can see that an application was submitted on the 16th and then expedited. It's currently waiting for one of lour lawyers to review the evidence submitted and decide next steps.
Expedition will ensure that will happen asap but we can't be definitive re a tiemscale I'm afraid
SGL58061

Thanks Adam, I will keep my fingers crossed.

Hi Adam, do we know if the lawyers have looked at this yet? I cannot see the registry so don't know if they have removed the expired charges. Today is our last chance to complete before buyers mortgage money needs to be returned, and of course the Christmas break. I'll be honest this is so so stressful.

Hi Paul - not as yet I'm afraid, I will see if it can be escalated but I can't guarantee anything re timescales - sorry
SGL58061

Thanks Adam, so appreciated

 

Hi Paul - the casework team have contacted the conveyancer for some additional information/confirmation. 
They have also instigated wider checks with regards the removal of the charge and these are unlikely to complete until after the 15th January. The nature of the application obliges us to complete such checks 
I would suggest speaking with the conveyancer to confirm the above 
SGL58061

Thanks for looking into this Adam. NRAM (Northern Rock) who took over the accounts of the original lender have now said they are unable to find any paperwork in order for them to take any action to remove the entries (which is highly distressing).

I have supplied all of the historic paperwork (original mortgage, discharge notice, conveyance from when the land was first purchased at the turn of the 20th century etc.)

So Land Registry is my only hope to get these records corrected and I haven't found a lawyer yet who has had a similar circumstance (where a mortgage has been discharged, but not removed from the register and where the lender no longer exists). So I haven't been able to get an answer of how else the register can be corrected.

I will obviously contact the FCA to complain about NRAM losing records and their lengthy delays in making contact, but that doesn't solve the issue at hand.

Thank you for you help thus far, as you can imagine the situation is beyond stressful.

Paul

Paul - I can fully appreciate how stressful it is but hopefully your conveyancer can provide the requested details. The wider checks will, I suspect run out without a response from the lender, and if so then the application may well proceed to a positive conclusion for you.
First step is your conveyancer and asking them to respond although that can be any time before the checks complete so no immediate stress/urgency necessary now the seasonal break is likely to impact on the conveyancer's working days. 

Hi Adam,

All documents have been supplied from my conveyancing solicitor to the Land Registry.

Nram (Norther Rock) have been very slow and so far unable to locate this historic account.

I am truly hoping that Land Registry is able to resolve this matter. They should be in receipt of the discharge of mortgage certificate, original mortgage, deeds and original title. I have no other paperwork to be able to send.

The sale of the property is currently stalled as the buyers solicitor won't exchange without the registry being updated and the original lender entries removed.

In short, your team are currently my only hope and my solicitor seems at a loss to know of any other way we can resolve this. So my I have to put my faith in your office for remedy or advice.

Many thanks for your updates thus far.

Paul

Hi Paul - understood and appreciated. Hopefully things will progress positively for you after the 15th January and completion of the wider checks previously referred to 
SGL58061