Can you get a remortgage on an unregistered property without registering the house or charge?

Question

My friend wants to sell her house and I want to buy it. Her husband acquired it in 1978 and deeds to an adjacent property verify his name in relation to my friend's home. He could've given the deeds to my friend when they split up. The actual house is not registered and the land registry told me that it can't have a recent mortgage on it as the property and the charge would be registered. All they have is the plan. My friend swears she has a mortgage on it that she took out recently because she says she cannot sell until after May due to redemption penalties. She is American and the house is in England. Would any lender, including US ones, be prepared to release funds on a house without doing the proper checks and legal work? She says the lender has the deeds. Surely if the lender hasn't got a registered charge, their interests, and indeed hers as owner, are not fully protected? Would any lender do this? I don't want to waste money on legal fees if she cannot sell.

Answer 1

Since 1998, the creation of a first mortgage on an English house has triggered first registration.

However, it is possible to create a second or further charge and not trigger first registration. Maybe a second charge was created, then subsequently the first was paid off and the deeds transferred to the second lender?

If the lender has the deeds they may consider that they have enough security and they may be prepared to release funds, but it's unusual to do this without a proper legal charge.

If she is preparing to sell, she should ask her lender to provide copies of her deeds to show to the sellers. She may even consider voluntary first registration - it may be easier to sell a registered title.

Also, make 100% certain that the house is not registered at Land Registry - it is possible to make mistakes. Perhaps it was registered before houses were built and so the land is known as "land on the south side of Smith Street" rather than "17 Smith Street".

Answer 2

No, this transaction does not have a valid deed or registration. I would run from this deal.