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Land Registry Pre-completion Searches Land Registry Pre-completion Searches The purpose of the pre-completion searches is to prevent entries being registered against the property or in the case of the writing a simple will sample uk postcode search, the purchaser from exchange of contracts up to the completion of the registration process, so that the buyer can complete safely.
There are five types of pre-completion searches, as follows: If a purchaser is obtaining a mortgage then a bankruptcy search is needed. When buying the whole of a registered title as opposed, for example, to a new build plotan OS1 is needed. If buying part of a title such as a plot an OS2 is required.
Bankruptcy Search K16 Ordering the Bankruptcy Search The bankruptcy search can be carried out either online or over the telephone, though as far as I am aware an account with HM Land Registry is required in both cases.
The bankruptcy search is valid for 3 weeks from the date of issue, and must be valid on completion. The bankruptcy search is generally done following exchange of contracts though there is a school of thought that says that because it is so inexpensive, and because of the potentially very serious problems that are caused when entries are revealed after exchange which actually relate to the purchaser, a bankruptcy search should also be carried out at the start of the transaction as well as the one after exchange.
The Purpose of the Bankruptcy Search The purpose of the bankruptcy search is to establish whether the purchaser is, or is about to be, bankrupt and is done for the benefit of the lender.
If a notice of the bankruptcy or impending bankruptcy is registered at Land Charges prior to completion of a mortgage then the trustee in bankruptcy's interest ranks above the lender's charge, meaning that the lender, rather that having the property as security for its loan, simply joins the back of the queue of creditors.
The Bankruptcy Search Result The bankruptcy search result returned will either be a form K17 if no entries are revealed or K18 if there are entries. What if Entries are Revealed on the Bankruptcy Search? The fact that entries are revealed on the bankruptcy search does not necessarily mean that the person searched is or is about to be bankrupt.
The bankruptcy search is on a person's name only, and therefore the more common the name the more entries will be revealed. For example a bankruptcy search on John Smith or Gareth Jones is almost certain to reveal several results.
Steps must be taken however to ensure that the entry does not relate to your client. The first stage is to contact The Insolvency Service on If you give them the details of the entry and your client's date of birth they will be able to tell you whether your client and the bankrupt share the same date of birth.
If they do not then it is still advisable to forward a copy of the bankruptcy search result to the client and ask him to sign the result to certify that the entries do not relate to him.
If it transpires that entries are revealed on the bankruptcy search which do relate to your client then you must not complete without having reported the matter to the lender and obtained authority to proceed.
It may be that the lender is already aware. There are many lenders who will lend to discharged bankrupts - this is commonly termed the "sub-prime market". Firstly contact the client to confirm he is aware of the bankruptcy and he has disclosed it to the lender.
Secondly the client must provide you with evidence of his discharge. Once this is obtained it should be forwarded to the lender together with a copy of the bankruptcy search result and a letter asking for authority to proceed with the loan regardless of whether the client or his broker, tells you that the lender is already aware.
It is likely that contracts will have exchanged by now therefore time is very much of the essence. Under no circumstances should completion take place until the lender has authorised it, even if the funds have already been released by the lender.
Ultimately it may be that the transaction cannot go ahead. If the bankruptcy is current, i. Land Charges Search K15 Ordering a Land Charges Search The land charges search can be ordered online or over the telephone for which an account is required or in writing.
Any person who owns or has owned the property from the purchasers in the root conveyance to the present day should be searched. In the years column, the range should be from the year that the person first acquired an interest in the property to the year that their interest ended.
The counties to be listed include the present counties and any other counties which the property has been in since the date of the root conveyance for example for a property in Hull you would need to include East Riding, East Yorkshire and Humberside. An initial search should be ordered at the outset of the transaction and a final search after exchange.
For the final search it is only necessary to search the sellers, the search against previous owners does not need to be repeated. The Purpose of the Land Charges Search The land charges search is carried out when buying unregistered land. In order to secure an interest in unregistered property it is necessary to either hold the title deeds which a mortgage lender would do or to register a land charge.
Rather than being registered against the property as is the case with registered land, a land charge is registered against the person, which is why owner's names are searched. If a land charge is registered then a purchaser is bound by it whether or not a search is actually carried out.
What if Land Charge Entries are Revealed? As this is a search against a person's name rather than against the property you first need to establish whether the entry relates to the property.News Corp is a network of leading companies in the worlds of diversified media, news, education, and information services.
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