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Mortgage charge old owner after completion

  • 02-08-2014 1:44am
    #1
    Registered Users, Registered Users 2 Posts: 834 ✭✭✭


    Today I purchased the Register of Ownership (i.e. Folio) from the Land Registry about an apartment I bought in February. I was quite surprised by what I saw:
    a) the completion was on XX of February 2014
    b) the mortgage charge was registered on YY of February 2014 (4 days after completion) due to a judgment mortgage from the High Court issued in April 2012 from a bank against the old owners. This charge was also registered against many other properties of the old owners.
    c) the transfer of ownership and cancellation of all the other charges except the charge in point B was registered on ZZ of February 2014 (two days after point (b) registration

    I sent an email to my solicitor and to the seller´s solicitor. But I am quite worried now and for sure I shall have to wait a few days before hearing from both solicitors.
    I paid the full price for a clean title (i.e. free of any charges) and I paid my solicitor for a conveyancing to be sure that something like this should not happen.

    My questions:
    - Is it just a clerical error that can be fixed quickly?
    - How is it possible that LR registered a charge after completion date against the old owners?
    - Is it a bad error from my solicitor side that did not verify High Court Charges against old owners?
    - Or is it an error from the seller´s solicitor that did not notify my solicitor about this?
    - If the charge is valid and cannot be cancelled unless the mortgage is paid in full, who should I seek redress against? The old owners, the solicitors who made the errors? Through the courts, through the Law Society?
    - Should I put this question in the legal section?

    Thank you


Comments

  • Registered Users, Registered Users 2 Posts: 9,368 ✭✭✭The_Morrigan


    GGTrek wrote: »
    Today I purchased the Register of Ownership (i.e. Folio) from the Land Registry about an apartment I bought in February. I was quite surprised by what I saw:
    a) the completion was on XX of February 2014
    b) the mortgage charge was registered on YY of February 2014 (4 days after completion) due to a judgment mortgage from the High Court issued in April 2012 from a bank against the old owners. This charge was also registered against many other properties of the old owners.
    c) the transfer of ownership and cancellation of all the other charges except the charge in point B was registered on ZZ of February 2014 (two days after point (b) registration

    I sent an email to my solicitor and to the seller´s solicitor. But I am quite worried now and for sure I shall have to wait a few days before hearing from both solicitors.
    I paid the full price for a clean title (i.e. free of any charges) and I paid my solicitor for a conveyancing to be sure that something like this should not happen.

    My questions:
    - Is it just a clerical error that can be fixed quickly?
    - How is it possible that LR registered a charge after completion date against the old owners?
    - Is it a bad error from my solicitor side that did not verify High Court Charges against old owners?
    - Or is it an error from the seller´s solicitor that did not notify my solicitor about this?
    - If the charge is valid and cannot be cancelled unless the mortgage is paid in full, who should I seek redress against? The old owners, the solicitors who made the errors? Through the courts, through the Law Society?
    - Should I put this question in the legal section?

    Thank you
    You can't seek legal advice on boards.ie, just wait for your solicitor to get back to you.


This discussion has been closed.
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