<t>Issue with property sale.</t>

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Rappy

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Post by Rappy » Mon Apr 01, 2019 4:27 pm
Issue with property sale.

Hi there, I will try & keep this short :-)

My IVA completed over 6 yrs ago. Still have certificate framed :-) & I'm still debt free.

Got a call from my solicitor stating the following...

We have now obtained a copy of your title from the Land Registry and note that there is a restriction on the title in favour of Anita Jane Hughes of Accuma Insolvency Practitioners. The title says that you cannot sell the property without her consent.

My issue is that my IVA was with Accuma originally, then Grant Thornton. Grant Thornton sent the completion certificate. I tried to make contact with Grant Thornton today only to realise that this company has again changed to Aperture IVA.

I tried to call them 5 times today circa 1 hour on the phone & never got to speak to anyone :-(. I noted on there website that there is a form you can fill in which I have done.

Having spoken to the Land Registry today & my solicitor. It appears that my IVA company will need to inform the Land Registry, and without this my house sale will not complete.

Not ideal as I have a no chain buyer who wants to complete asap!! what appeared to be a simple sale is starting to turn into a real nightmare!!

Please can you help?

Best regards,

Rappy

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Post by Rappy » Mon Apr 01, 2019 4:40 pm
Please remove name from post.

**DONE**

Rappy

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Post by Rappy » Mon Apr 01, 2019 4:58 pm
Thank you :D

Never thought I would be back.

Hoping someone can help/ provide details of who I can speak too!

Rappy 8)

Foggy

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Post by Foggy » Mon Apr 01, 2019 4:59 pm
Aperture is,basically, GT rebranded, so they should be able to assist. They will need to be ridden hard to get them to communicate (not their strong point) ..... or you could try the "new business number" (more keen to answer that one!). If not it can still be done .... this is what LR told me:

To withdraw a restriction H M Land Registry would normally expect to receive a completed form RX4 by the person or company that has the benefit of the said restriction. If the beneficiary is unable to provide this RX4 then this form should be completed by whomever has inherited the benefit of the restriction and appropriate evidence of devolution of title lodged as part of the application. This evidence should show a clear link between the beneficiary named on the title register and the applicant that has completed form RX4.
If restriction is not withdrawn, then an application would need to be made for its cancellation. Cancellation is the term used in rule 97 of the Land Registration Rules 2003 to refer to an application to cancel a restriction that is no longer required.
Any person may apply to cancel a restriction. The application must be made in form RX3 and no fee is payable.
We will cancel the restriction if we are satisfied that the restriction is no longer required. The application must be accompanied by evidence to show that this is the case. If anyone is referred to in the restriction and if an address for service is listed for that person, we will usually notify them of the application and give them an opportunity to object to the application before canceling the restriction.
Practice Guide 19 provides further information on notices, restrictions and the protection of third party interests in the register.

Yours sincerely


HM Land Registry
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

Rappy

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Post by Rappy » Mon Apr 01, 2019 5:31 pm
Thanks Foggy,

Will keep on to them.

What number do you have?

Also, any idea if the G.T team have the same email, as I never got the email bounce back, but never got a reply :-(

Thanks,

Rappy :-)

Foggy

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Post by Foggy » Mon Apr 01, 2019 5:41 pm
New business is 0333 939 7919
Existing Clients 0333 939 7920
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
http://foggy.blogs.iva.co.uk

Rappy

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Post by Rappy » Mon Apr 01, 2019 6:14 pm
Thanks Foggy.

Will I actually get to speak to someone?

Rappy

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Post by Rappy » Mon Apr 01, 2019 6:15 pm
I was calling with the following

02080129207

Shaun Vickery

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Post by Shaun Vickery » Thu Apr 04, 2019 9:03 am
It does sound like removal of the standard restriction placed on your property has just been overlooked. Hopefully it will be straightforward to remove - possibly worth asking your solicitor to deal with along with the conveyance?
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