Freehold title problems

[Crazy council]

Re: Freehold title problems

Thank you for your reply. lLeases are not cross over. I think the repossessed persons name remains on FH title in error due to repossession. The problem I have is the downstairs freeholder who was charging me ground rent believed he was the freeholder and will not take the title from repossessed person because she will not hand it over until I pay the premium for it, and as I am on a low lease it will cost me £20,000. This would be fine if I could sell and pay her out of the proceeds but I am not able to sell with the titles the way they are. Would Barclays be able to help in anyway? I insure my property myself, I always have.

Hi, sorry was posting on here before you added that last one. I would agree over the error in repo and thats probebly the place to start. I just wouldnt be confident that it wasnt a cross over lease prior your purchase.... it may have been messed up before. Cross over leases can range from each holding the others freehold, and granting leases, to the floor holding the freeholds, and leases granted to cover shard roof/drains/pipework.

[kmc1207]

Re: Freehold title problems

The upstairs part of freehold 122a was transferred to JB in 122 28/03/1956 I have a copy of transfer and a lease. Both FHs held by him until he died in 2003 and 122 was sold on, then both titles were transferred to A & DA. All my solicitors did insist on at the time I bought was the attached deed of variation.

[Crazy council]

Re: Freehold title problems

spotted something but need to check it first,, also, there's personal details on that, you be better of covering up the names and addresses,

That deed refers to your lease, and the section 3.2 , refers to covenants as part of the lease, and i need to check what that normal refiars to, i think i know, but noit sure.

[kmc1207]

Re: Freehold title problems

Thanks I'll delete the document and do a new one

[Crazy council]

Re: Freehold title problems

hi
just guessing here but

2003 downstairs 122 sold to A & DA and both freehold titles transferred to them and 1 leasehold title for 122.
2005 Barclays bank repossessed dowstairs 122 from A & DA
2005 Downstairs 122 sold to ME leasehold title transferred but only one of the freehold titles for 122. Upstairs FH title remained in the name of A & DA. ME was unaware of this and started charging me ground rent as he assumed he was freeholder to both upstairs and down. He also asked me at this time if I wanted to extend my lease as it was getting quite low I refused.
2007 downstairs property 122 sold to SM and new lease created for him. Freehold title for 122 still held by ME..

That makes me think that when the lady ( who got repoe'd ) purchased the property and titles in 2003, that both titles and the property, would have been part of the mortgagee, since she got repo'd, they all would have passed to the mortgage co, or there solicitors.
Then, when the repo was done, the solicitors didnt think to look if there was an extra freehold, or if the mortgagee was attached to the second ( your ) FH

So, you need to find out, what was tied to the mortgagee that got repo'd ( was it both titles ) ( i think i had to have been )
Did the banks solicitors register everything properly ( possibly why its still in her name )

If the above is correct, you will need to purchase the FH off the bank that repo'd her ( possibly at a very good price from your perspective ), they may not know they hold it

Please just bear in mind, this is a guess

[Openlaw15]

Re: Freehold title problems

spotted something but need to check it first,, also, there's personal details on that, you be better of covering up the names and addresses,

That deed refers to your lease, and the section 3.2 , refers to covenants as part of the lease, and i need to check what that normal refiars to, i think i know, but noit sure.

CC, a leasehold is the interest in the property, whereas a covenant means the obligations in the agreement (covenant). Is this what you mean, or something else?

[Diana M]

Re: Freehold title problems

When I purchased in 1999 I was not made aware there was two FH titles . . . . .

My solicitor is the same solicitor who I used in 1999, he has now gone very quiet on me and I don't really know what to do

Do you have any insurance policies which might include Legal Expenses Cover so you can get a second opinion on this situation?

If (and I stress if ) your solicitor didn't give you the right legal advice when you purchased the property he's hardly likely to admit to that now.

It seems you don't have a mortgage on the maisonette at the moment, but did you successfully obtain one in the past indicating something 'legal' may have altered along the way (since 1999)?

Di

[kmc1207]

Re: Freehold title problems

It says on my freehold register that 04.03.2003 the price stated to have been paid on 06/12/2002 for the land in this title and in SY****** (which is for downstairs) was £124995. Would that mean its all tied together and the repossession should of been for all of it?

[kmc1207]

Re: Freehold title problems

I will check my insurance but at present I am only paying for unoccupied property insurance as its the only insurance I could get. My property has been sitting empty for 3 years because of this problem. I think it's happened during the repossession of the downstairs property.

[Crazy council]

Re: Freehold title problems

It says on my freehold register that 04.03.2003 the price stated to have been paid on 06/12/2002 for the land in this title and in SY****** (which is for downstairs) was £124995. Would that mean its all tied together and the repossession should of been for all of it?

It should have been, i will have to check with someone a bit more familiar with it, its complex this but not entirely unfamiliar to some of my friends, I will chase them up on thursday evening. When we chatted the other day, we all suspected that the mortgage co ( the womans ) didnt registers both the lease properly, its likely they were registered against the mortgagee, but not further.

[Crazy council]

Re: Freehold title problems

Hi [MENTION=90471]kmc1207[/MENTION]

After chatting again between my buddies, theres not a lot i can add to whats been suggested, It looks as if the repo solicitors might have messed up conveyancing and not dealt with the lease properly, but it should be sortable, you just might have to push at the solicitors to get them to admit/sort it.

But i would be very interested in the outcome of this, lots to learn from this.