Browse "Early completion" Questions
There were 39 questions found in this category:
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If the discharge, transfer,charge application proceeds will the unilateral notice be registered? (Added 4 January 2010)
If the discharge, transfer, charge application proceeds we will contact the applicant of the unilate...
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Will the UN1 application have priority to the discharge, transfer, charge application? (Added 4 January 2010)
If the UN1 accompanies the discharge, transfer, charge application the unilateral notice will be com...
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There is an official search protecting the charge will this prevent the registration of a unilateral notice? (Added 4 January 2010)
No, an official search in favour of the chargee who is applying for the unilateral notice will not p...
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Can I lodge a UN1 application conditional on the discharge, transfer, charge application not proceeding? (Added 12 January 2010)
There is no provision in the Land Registration Act 2002 or the Land Registration Rules 2003 to allow...
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If you raise requisitions that we cannot reply to but the evidence of discharge is provided, will you cancel all my applications?(27 July 2009)
No – at the expiry of the time allowed for replies to our requisitions we will complete the applicat...
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Am I liable for the seller’s mortgage because it is still shown in my register?(19 August 2009)
You will not be personally liable for the seller’s mortgage, but the property remains subject to the...
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When will you cancel the entries in my register relating to the previous owner’s mortgage?(27 July 2009)
We will cancel the entries when we receive evidence that the mortgage has been discharged. The evide...
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There is a mortgage on my register that I don't know anything about – does this mean that Land Registry has made a mistake or has someone borrowed money fraudulently on my property?(27 July 2009)
The most likely explanation is that the mortgage in the register relates to the previous owner of th...
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What does Land Registry mean by early completion?
Early completion is a new policy that Land Registry will apply from 3 August 2009 to ensure that app...
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When will these changes take effect?
The policy will apply to all applications received on or after 3 August 2009.
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Why is Land Registry making these changes?
When application is made in form AP1 for, for example, the discharge of an existing charge, a transf...
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Did Land Registry consult on these changes?
We consulted with key stakeholders, principally the Law Society, the Council of Mortgage Lenders and...
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How are these changes being publicised?
Practice Bulletin 16 – Early completion , published on 5 May 2009, provides guidance on the new poli...
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Won’t early completion increase the risk of registration fraud?
No. We take fraud very seriously and have thought about the possibility that early completion might ...
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Why have you left the seller’s mortgage in the register?
The charge still appears in the register because we have not received proof of its satisfaction and ...
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How can I get these entries removed?
A conveyancer, acting for the seller, will usually have given an undertaking to the buyer’s conveyan...
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What about applications lodged with Land Registry before 3 August 2009?
Early completion applies to all applications received on or after the 3 August 2009. Any application...
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Will Land Registry continue to contact lenders directly?
No. We will apply our policy of early completion. Early completion should ensure that there is no ri...
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Will Land Registry requisition and allow additional time if an applicant is having problems obtaining the evidence of discharge?
No. We will apply early completion. Early completion should ensure that there is no risk of a loss ...
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Is Land Registry making this change just to achieve its targets?
Land Registry is required to meet progressively improving performance targets agreed with the Lord C...
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Won’t this change make conveyancing more expensive?
No. No fee is payable at present in relation to an application to discharge a registered charge. As ...
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Won’t this change make conveyancing more difficult and create delays?
Under Land Registry’s existing policy the charge would not be discharged until proof of satisfaction...
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Why aren’t we treating a discharge, transfer and charge as three indivisible parts of a larger transaction?
Whilst the three elements may form part of an intrinsically linked series of transactions, they cons...
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Won’t the new policy cause conveyancers to be in breach of the requirements under the Council for Mortgage Lenders Handbook?
Completing the applications to register the transfer and new charge subject to the existing charge w...
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Isn’t the new policy punishing conveyancers for delays in the redemptions process?
The policy change is intended to ensure that customers do not lose priority for their interests beca...
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What if there is a restriction in the register in favour of the existing mortgagee. Will Land Registry still register a transfer and new charge?
If there is a restriction registered in favour of the existing mortgagee which provides either that...
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What will happen if Land Registry has to raise a requisition because there is something wrong with the applications to register the transfer or a new charge?
If Land Registry has to raise requisitions because of the transfer or new charge, we will point out ...
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What will happen if there is something wrong with the DS1?
If a DS1 is lodged but there is a problem with it Land Registry will accept the application to disch...
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If my applications are completed on the basis of early completion, leaving the existing charge in the register, how will I know when Land Registry has received an electronic form of discharge in respect of it (19/04/2010)?
ED or e-DS1
Some lenders specify in their redemption statements that they will discharge electronic...
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Will Land Registry apply early completion to new title applications?
Land Registry will not complete applications to register transfers of part on the basis of early com...
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Will early completion apply just to paper discharges?
No – early completion applies regardless of the method of discharge.
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I lodged evidence of identity with my original application. Do I have to provide it again when applying to remove the charge entries after early completion?
If Land Registry has retained form ID1 or ID2 in respect of the lender in a charge being discharged ...
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I paid a fee on my original application. Do I have to pay a fee on my follow-up application?
If your follow-up application is simply to remove the charge entries that remained after early compl...
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Has Land Registry completed an impact assessment for this change?
Generally impact assessments are required for "government interventions" which affect the private se...
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How will I know that my application has been processed under early completion?
The ‘Completion of registration’ letter issued after early completion will give details of any appli...
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I usually have to wait for the lender to produce the discharge or lodge it electronically. In view of this does Land Registry now advise me to delay my AP1 application to register the discharge, my clients’ new transfer and their new mortgage?(220509)
No. Lodging an application as soon as possible after completion will ensure the priority of the appl...
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What is the position of purchasers who buy a property at full value, but find that a prior registered charge remains in the register after their registration is completed? (040609)
As to the old charge, the purchasers will be in exactly the same position as now. After completion o...
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Why can’t Land Registry remove a charge from the title if a discharge is not produced, say, within 5 days of completion, or notify the lender of its intention to remove the entries and proceed if the lender does not reply? (150609)
Without proof of satisfaction of a registered charge, there is no basis under the existing legislati...
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Will Land Registry requisition for discharge if a registered lease, subject to a registered charge, is effectively surrendered and re-granted by a deed extending its term? (Added 6 July 2009)
An application to determine a leasehold title by merger, surrender or disclaimer cannot be completed...
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