Repossession of Freehold Title not Leasehold Title?

[lib669]

I had my property repossessed and eviction last november.I went to court twice the first time for the Mortgage arrears then the second time for the secured loans arrears on the property.The property sits on the leasehold with the lower part of the back garden on the freehold.The property has since been sold and the Land Registry has now the buyers names who purchased the property but the Leasehold Title still has my name and my husbands along with the local council to whom we used to pay this to.We've received a bill for the leasehold ground rent from the council.I have emailed the Land Register who replied with this"It sounds as if the lender did not cover both the freehold/leasehold aspects when they repossessed and that the mortgage was only against the freehold title.
I am afraid we cannot do anything without a formal application"
What I am asking is this common practice to repossess the freehold I wasn't aware from having the mortgage that it was only the freehold which the property doesn't sit on.I haven't looked at the court papers regarding the secured loans to see if it has another Title Number for the Leasehold.
Totally confused by it all!

[enquirer]

Re: Repossession of Freehold Title not Leasehold Title?

Two pieces of land, L1 and L2. Both are freehold.
You bought L1 outright and a lease on L2 (?). The freeholder of L2 is the council.
L1 is garden only. The house is on L2.
The mortgage covered the purchase of both L1 and the lease on L2 (?).
L1 has been repossessed by the lender.
The council is now billing you for L2.
Even though you are no longer at L2, you are still showing as the leaseholder (?).

Check the mortgage documents, the Land Certificates, and the Land Plan. Find out exactly what you bought, how you bought it, and what is registered to whom.

[lib669]

Re: Repossession of Freehold Title not Leasehold Title?

I've checked the court papers and both Title no's were on them.I first took out a secured loan when I had the mortgage with a high street bank where the Deed I signed has the two Title no's on then this was rescheduled for miselling PPI.Another form was signed and sent back by this time I'd remortgaged with the same company and signed another deed .2 further advancements were taken out on the property.The actual house sits on the leasehold and I paid this to the local council who collect for the leasehold landlord.I've had a reply back again from the Land Registry who have said it's unusual for the lender and the buyer's Solicitor not to pick this up from the amount paid for the property it was a cash sale as there is no lender stated on the land registry.I was already in this property from 1988 until 2004 When I bought on a RTB with a High Street Bank.So I was already insitu when I remortgaged in 2007.I presume that someone along the line has made a mistake of not changing it between the lender and Solicitor although the property was marketed through a Local Estate Agent.I imagine they'll see the mistake as the new buyers have straight away submitted plans to build on both the freehold and leasehold title.I wouldn't think they'll contact myself and my husband as the lender had all the rights over the selling the property.I did have the bill for ground rent I contacted the local council who told me to ignore it and they me told that the Lender's Solicitor should of dealt with it before the sale.I presume they didn't have to inform the Leaseholder Landlord that they'd taken possession of the leasehold of the property.My husband is concerned that we'll be getting billed for any mistakes as the Lender has already informed us of the shortfall debt after the sale which is big.

[lib669]

Re: Repossession of Freehold Title not Leasehold Title?

This is what is detailed on the Land registry this is the same as it was when was I registered on the Land Registry.
A: Property Register
This register describes the land and estate comprised in
the title. Except as mentioned below, the title includes
any legal easements granted by the registered lease but
is subject to any rights that it reserves, so far as
those easements and rights exist and benefit or affect
the registered land.
XXXXXXXXXXXXXXXXX : XXXXXXXXXXXXXXX
1 (04.10.2004) The Leasehold land shown edged with red on the plan of the
above Title filed at the Registry and being XX XXXXXXXXXXX Road,
XXXXXXXXXXXXXXXXX.
2 (04.10.2004) Short particulars of the lease(s) (or under-lease(s))
under which the land is held:
Date : 17 May 2004
Term : 990 years (less 5 days) from 16 October 1928
Parties : (1) XXXXXXX Council THE COUNCIL TO WHOM WE PAID
(2) xxxxxxxxx and xxxxxxxxx MINE AND MY HUSBANDS NAMES
3 (04.10.2004) The registered Lease is made pursuant to Part V of the
Housing Act 1985 and the land has the benefit of and is subject to the
easements and rights specified in paragraph 2 of Schedule 6 of the said
Act.
4 (04.10.2004) The mines and minerals are excepted.
5 (04.10.2004) The landlord's title is registered.
6 Unless otherwise mentioned the title includes any legal easements
granted by the registered lease(s) but is subject to any rights that it
reserves, so far as those easements and rights exist and benefit or
affect the registered land.
Maybe it's right if it shows who paid it before.The dates relate to when I bought on a RTB.
The Leasehold Title shows the new owners.after this entry.
Very Confused